AN ACT relating to
air pollution; providing for a voluntary program of electronic submission of
emissions information to the Department of Motor Vehicles through the use of
onboard diagnostic and transmission equipment; providing for the establishment
of standards for emissions from a reconstructed vehicle; revising provisions
for the establishment of standards for emissions from a trimobile; revising
provisions relating to the emissions inspections of certain heavy-duty diesel
vehicles by the Department; and providing other matters properly relating
thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Under existing law, the State Environmental Commission
must provide for a compulsory inspection program for the control of emissions
of certain motor vehicles in counties whose population is 100,000 or more
(currently Clark and Washoe Counties). (NRS 445B.770, 445B.798) Existing law
further authorizes the Department of Motor Vehicles to license inspection
stations which are authorized to inspect devices for the control of emissions
for motor vehicles in those counties. (NRS 445B.770, 445B.785) Section 1
of this bill authorizes the Commission, in cooperation with the Department, in
counties whose population is 100,000 or more, to establish a voluntary program
whereby vehicle owners could submit emissions information to the Department
electronically from onboard diagnostic equipment that is available on certain
vehicles, as an alternative to bringing the vehicle to an inspection station.

Existing law authorizes the Commission to prescribe
standards for exhaust emissions from various vehicles with internal combustion
engines. (NRS 445B.760) Section 3 of this bill revises the application
of those standards, exempting trimobiles from emissions standards if they meet
the federal definition of a motorcycle and requiring both trimobiles that do
not meet the federal definition of a motorcycle and reconstructed vehicles to
meet the emissions standards that were in effect in the year in which the
engine of the trimobile or reconstructed vehicle was built.

Under existing law, the Commission must establish a
program for the regulation of emissions by inspection of heavy-duty motor
vehicles that weigh more than 10,000 pounds. (NRS 445B.780) Section 4 of
this bill revises that minimum weight limit to 14,000 pounds. In counties whose
population is 100,000 or more, existing law also requires the owner of a
heavy-duty motor vehicle that does not weigh more than 10,000 pounds to provide
evidence of compliance with emissions standards upon registration or
reregistration. (NRS 445B.795, 445B.815) Sections 5 and 6 of this bill
revise those provisions to require such evidence of compliance for a heavy-duty
motor vehicle that is powered by diesel fuel only if the vehicle does not
exceed 14,000 pounds and to require such evidence of compliance for every
heavy-duty motor vehicle that uses fuel other than diesel fuel.

Section 1. Chapter 445B of NRS is hereby amended by adding
thereto a new section to read as follows:

1. In any
county whose population is 100,000 or more, the Commission may, in cooperation with the Department of
Motor Vehicles and any local air pollution control agency, adopt regulations to
establish a voluntary program of electronic monitoring of emission information,
from vehicles equipped with onboard diagnostic equipment that permits such
monitoring, for the purposes of compliance with this chapter.

2. The
Department of Motor Vehicles shall charge an annual fee of $6 for each vehicle
electronically monitored pursuant to subsection 1. Fees collected by the
Department pursuant to this section must be accounted for in the Pollution
Control Account created by NRS 445B.830.

Sec. 2. NRS
445B.700 is hereby amended to read as follows:

445B.700 As used in NRS 445B.700 to 445B.845,
inclusive, and section 1 of this
act, unless the context otherwise requires, the words and terms
defined in NRS 445B.705 to 445B.758, inclusive, have the meanings ascribed to
them in those sections.

Sec. 3. NRS
445B.760 is hereby amended to read as follows:

445B.760 1. The [State Environmental]
Commission may by regulation prescribe standards for exhaust emissions, fuel
evaporative emissions and visible emissions of smoke from mobile internal
combustion engines on the ground or in the air, including, but not limited to,
aircraft, motor vehicles, snowmobiles and railroad locomotives. The regulations
must:

(a) Provide for the exemption from such standards of
restored vehicles for which special license plates have been issued pursuant to
NRS 482.381, 482.3812, 482.3814 or 482.3816.

(b) Establish criteria for the condition and
functioning of a restored vehicle to qualify for the exemption, and provide that
the evaluation of the condition and functioning of such a vehicle may be
conducted at an authorized inspection station or authorized station as defined
in NRS 445B.710 and 445B.720, respectively.

(c) Define restored vehicle for the purposes of the
regulations.

2. [Standards]Except as otherwise provided in subsection 3, standards for
exhaust emissions which apply to a [trimobile]:

(a) Reconstructed
vehicle, as defined in NRS 482.100; and

(b) Trimobile,
as defined in NRS 482.129,

Κ must be based on standards which were in effect in
the year in which the engine of the [trimobile]vehicle was built.

3. A
trimobile that meets the definition of a motorcycle in 40 C.F.R. § 86.402-78 or
86.402-98, as applicable, is not subject to emissions standards under this
chapter.

4. Any
such standards which pertain to motor vehicles must be approved by the
Department of Motor Vehicles before they are adopted by the Commission.

Sec. 4. NRS
445B.780 is hereby amended to read as follows:

445B.780 1. The
Commission shall, by regulation, establish a program for the regulation of
smoke and other emissions by inspection of heavy-duty motor vehicles that are
powered by diesel fuel or motor vehicle fuel.

(a) The equipment used to measure smoke and other
emissions of heavy-duty motor vehicles.

(b) The granting of a waiver if compliance involves
repair and equipment costs which exceed the limits established by the
Commission. The Commission shall establish the limits in a manner which avoids
unnecessary financial hardship to owners of heavy-duty motor vehicles.

3. As used in this section, heavy-duty motor vehicle
means a motor vehicle that has a manufacturers gross vehicle weight rating of [10,001]14,001 pounds or
more. The term does not include a passenger car.

Sec. 5. NRS
445B.795 is hereby amended to read as follows:

445B.795 The authority set forth in NRS 445B.770
providing for a compulsory inspection program is limited as follows:

1. In a county whose population is 100,000 or more,
the following categories of motor vehicles which are powered by motor vehicle
fuel or special fuel and require inspection pursuant to the regulations adopted
by the Commission under NRS 445B.770 are required to have evidence of
compliance upon registration or reregistration:

(a) All passenger cars;

(b) Light-duty motor vehicles; [and]

(c) Heavy-duty motor vehicles [having]that are powered by diesel fuel
and have a manufacturers gross vehicle weight rating which does
not exceed [10,000]14,000 pounds[.] ; and

2. In areas which have been designated by the
Commission for inspection programs and which are located in counties whose
populations are 100,000 or more, all used motor vehicles which require
inspection pursuant to the regulations adopted by the Commission under NRS
445B.770 are required to have evidence of compliance upon registration or
reregistration.

3. In designated areas in other counties where the
Commission puts a program into effect, all used motor vehicles which require
inspection pursuant to the regulations adopted by the Commission under NRS
445B.770 are required to have evidence of compliance upon registration or
reregistration.

4. The board of county commissioners of a county
containing a designated area may revise its program for the designated area
after receiving the approval of the Commission.

5. Before carrying out the inspections of vehicles
required pursuant to the regulations adopted by the Commission pursuant to NRS
445B.770, the Commission shall, by regulation, adopt testing procedures and
standards for emissions for those vehicles.

Sec. 6. NRS
445B.815 is hereby amended to read as follows:

445B.815 1. Except as otherwise provided in
subsection 2, persons employed at branch offices of the Department of Motor
Vehicles and the offices of county assessors who are acting as agents of the
Department in the collection of fees for registration, shall not register:

(a) A passenger car or light-duty motor vehicle which:

(1) Uses motor vehicle fuel or special fuel;

(2) Is based in a county whose population is
100,000 or more; and

(3) Requires inspection pursuant to the
regulations adopted by the Commission under NRS 445B.770;

(b) A heavy-duty motor vehicle having a manufacturers
gross vehicle weight rating which does not exceed [10,000]14,000 pounds, that:

(1) Uses [motor vehicle fuel or
special]diesel
fuel;

(2) Is based in a county whose population is
100,000 or more; and

(3) Requires inspection pursuant to the
regulations adopted by the Commission under NRS 445B.770; [or]

(c) A
heavy-duty motor vehicle that:

(1) Uses
motor vehicle fuel or special fuel, excluding diesel fuel;

(2) Is
based in a county whose population is 100,000 or more; and

(3) Requires
inspection pursuant to the regulations adopted by the Commission under NRS
445B.770; or

(d) A vehicle which:

(1) Is based in an area of this State designated
by the Commission; and

(2) Requires inspection pursuant to the
regulations adopted by the Commission under NRS 445B.770,

Κ until
evidence of compliance with NRS 445B.700 to 445B.845, inclusive, and section 1 of this act has
been provided.

2. An owner or lessee of a fleet of three or more
vehicles may, upon application to the Department of Motor Vehicles, submit
evidence of compliance for his motor vehicles in a manner determined by that
Department.

Sec. 7. This act becomes effective on July 1, 2009.

________

CHAPTER 310, AB 471

Assembly Bill No. 471Committee on Commerce and Labor

CHAPTER 310

AN ACT relating to
real property; providing that a deficiency in payment on a mortgage, deed of
trust or other encumbrance may be cured under certain circumstances before
foreclosure; providing that a court shall not award a deficiency judgment on
the foreclosure of a mortgage or a deed of trust under certain circumstances;
and providing other matters properly relating thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Section 1 of this bill provides a right to cure a
deficiency in payment on a mortgage or other encumbrance before a judicial
foreclosure sale at any time not later than 5 days before the date of sale.

Under existing law, a judgment creditor or a beneficiary
of a deed of trust may obtain, after a hearing, a deficiency judgment after a
foreclosure sale or trustees sale if it appears from the sheriffs return or
the recital of consideration in the trustees deed that there is a deficiency
of the proceeds of the sale and a balance remaining due the judgment creditor
or beneficiary of the deed of trust. (NRS 40.455) Section 2 of this bill
provides that if the judgment creditor or the beneficiary of the deed of trust
is a financial institution, a court may not award a deficiency judgment to the
judgment creditor or the beneficiary of the deed of trust if: (1) the real
property is a single-family
dwelling and the debtor or grantor was the owner of the property; (2) the
debtor or grantor used the loan to purchase the property; (3) the debtor or
grantor occupied the property continuously after obtaining the loan; and (4)
the debtor or grantor did not refinance the loan.

single-family dwelling and the debtor or grantor was the owner
of the property; (2) the debtor or grantor used the loan to purchase the
property; (3) the debtor or grantor occupied the property continuously after
obtaining the loan; and (4) the debtor or grantor did not refinance the loan.

Section 3 of this bill provides that the
amendatory provisions of this bill apply only prospectively to obligations
secured by a mortgage, deed of trust or other encumbrance upon real property on
or after the effective date of this bill.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
40.430 is hereby amended to read as follows:

40.430 1. Except in cases where a person proceeds
under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, there may be
but one action for the recovery of any debt, or for the enforcement of any
right secured by a mortgage or other lien upon real estate. That action must be
in accordance with the provisions of NRS 40.430 to 40.459, inclusive. In that
action, the judgment must be rendered for the amount found due the plaintiff,
and the court, by its decree or judgment, may direct a sale of the encumbered
property, or such part thereof as is necessary, and apply the proceeds of the
sale as provided in NRS 40.462.

2. This section must be construed to permit a secured
creditor to realize upon the collateral for a debt or other obligation agreed
upon by the debtor and creditor when the debt or other obligation was incurred.

3. At any
time not later than 5 business days before the date of sale directed by the
court, if the deficiency resulting in the action for the recovery of the debt
has arisen by failure to make a payment required by the mortgage or other lien,
the deficiency may be made good by payment of the deficient sum and by payment
of any costs, fees and expenses incident to making the deficiency good. If a
deficiency is made good pursuant to this subsection, the sale may not occur.

4. A
sale directed by the court pursuant to subsection 1 must be conducted in the
same manner as the sale of real property upon execution, by the sheriff of the
county in which the encumbered land is situated, and if the encumbered land is
situated in two or more counties, the court shall direct the sheriff of one of
the counties to conduct the sale with like proceedings and effect as if the
whole of the encumbered land were situated in that county.

[4.]5. As used in this section, an action does
not include any act or proceeding:

(a) To appoint a receiver for, or obtain possession of,
any real or personal collateral for the debt or as provided in NRS 32.015.

(b) To enforce a security interest in, or the
assignment of, any rents, issues, profits or other income of any real or
personal property.

(c) To enforce a mortgage or other lien upon any real
or personal collateral located outside of the State which does not, except as
required under the laws of that jurisdiction, result in a personal judgment against
the debtor.

(d) For the recovery of damages arising from the
commission of a tort, including a recovery under NRS 40.750, or the recovery of
any declaratory or equitable relief.

(f) For the exercise of any right or remedy authorized
by chapter 104 of NRS or by the Uniform Commercial Code as enacted in any other
state.

(g) For the exercise of any right to set off, or to
enforce a pledge in, a deposit account pursuant to a written agreement or
pledge.

(h) To draw under a letter of credit.

(i) To enforce an agreement with a surety or guarantor
if enforcement of the mortgage or other lien has been automatically stayed
pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy
court under any other provision of the United States Bankruptcy Code for not
less than 120 days following the mailing of notice to the surety or guarantor
pursuant to subsection 1 of NRS 107.095.

(j) To collect any debt, or enforce any right, secured
by a mortgage or other lien on real property if the property has been sold to a
person other than the creditor to satisfy, in whole or in part, a debt or other
right secured by a senior mortgage or other senior lien on the property.

(k) Relating to any proceeding in bankruptcy, including
the filing of a proof of claim, seeking relief from an automatic stay and any
other action to determine the amount or validity of a debt.

(l) For filing a claim pursuant to chapter 147 of NRS
or to enforce such a claim which has been disallowed.

(m) Which does not include the collection of the debt
or realization of the collateral securing the debt.

(n) Pursuant to NRS 40.507 or 40.508.

(o) Which is exempted from the provisions of this
section by specific statute.

(p) To recover costs of suit, costs and expenses of
sale, attorneys fees and other incidental relief in connection with any action
authorized by this subsection.

Sec. 2. NRS 40.455
is hereby amended to read as follows:

40.455 1. [Upon]Except as otherwise provided in
subsection 3, upon application of the judgment creditor or the
beneficiary of the deed of trust within 6 months after the date of the
foreclosure sale or the trustees sale held pursuant to NRS 107.080,
respectively, and after the required hearing, the court shall award a
deficiency judgment to the judgment creditor or the beneficiary of the deed of
trust if it appears from the sheriffs return or the recital of consideration
in the trustees deed that there is a deficiency of the proceeds of the sale
and a balance remaining due to the judgment creditor or the beneficiary of the
deed of trust, respectively.

2. If the indebtedness is secured by more than one
parcel of real property, more than one interest in the real property or more
than one mortgage or deed of trust, the 6-month period begins to run after the
date of the foreclosure sale or trustees sale of the last parcel or other
interest in the real property securing the indebtedness, but in no event may
the application be filed more than 2 years after the initial foreclosure sale
or trustees sale.

3. If the judgment creditor or the beneficiary of the deed of
trust is a financial institution, the court may not award a deficiency judgment to the judgment
creditor or the beneficiary of the deed of trust, even if there is a deficiency
of the proceeds of the sale and a balance remaining due the judgment creditor
or beneficiary of the deed of trust, if:

(a) The
real property is a single-family dwelling and the debtor or grantor was the
owner of the real property at the time of the foreclosure sale or trustees
sale;

(b) The
debtor or grantor used the amount for which the real property was secured by
the mortgage or deed of trust to purchase the real property;

(c) The
debtor or grantor continuously occupied the real property as his principal
residence after securing the mortgage or deed of trust; and

(d) The
debtor or grantor did not refinance the mortgage or deed of trust after
securing it.

4. As used in
this section, financial institution has the meaning ascribed to it in NRS
363A.050.

Sec. 3. The amendatory provisions of this act apply
only to an obligation secured by a mortgage, deed of trust or other encumbrance
upon real property on or after October 1, 2009.

________

CHAPTER 311, AB 487

Assembly Bill No. 487Committee on Education

CHAPTER 311

AN ACT relating to
education; requiring the development of an academic plan for pupils enrolling
in their initial year at a middle school or junior high school; requiring small
learning communities in certain larger middle schools and junior high schools;
requiring a program of peer mentoring for pupils initially enrolling in middle
school or junior high school; requiring the board of trustees of each school
district to adopt a policy for pupils enrolled in middle school or junior high
school to conduct a pupil-led conference on educational progress; and providing
other matters properly relating thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Existing law requires the board of trustees of each
school district to adopt a policy for each public school in the school district
in which ninth grade pupils are enrolled to develop a 4-year academic plan for
each of those pupils. (NRS 388.205) Section 2 of this bill requires the
board of trustees of each school district to adopt a policy for each middle
school and junior high school in the school district to develop an academic
plan for each incoming middle school or junior high school pupil.

Existing law requires the board of trustees of each
school district that includes at least one high school in which 1,200 pupils or
more are enrolled and that includes ninth grade pupils to adopt a policy for
each of those high schools to provide a program of small learning communities
for the ninth grade pupils. (NRS 388.215) Section 3 of this bill
requires the board of trustees of each school district that includes at least
one middle school or junior high school in which 500 pupils or more are
enrolled to adopt a policy for each of those middle schools and junior high schools
to provide a program of small learning communities for the incoming middle
school or junior high school pupils.

Section 5 of this bill requires the board of
trustees of each school district to adopt a policy for peer mentoring, which
may include a component of adult mentoring, for incoming middle school and
junior high school pupils designed to increase the ability of those pupils to
successfully make the transition from elementary school to middle school or
junior high school.

Section 6 of this bill requires the board of
trustees of each school district to adopt a policy for pupils enrolled in a
middle school or junior high school to conduct, if required by the board of
trustees, a pupil-led conference between the pupil, his parent or legal
guardian and his teacher to review the educational development of the pupil.

Section 7 of this bill provides that the policies
required by sections 2, 3, 5and 6 of this bill must be adopted
by each school district on or before January 1, 2011, for implementation
beginning with the 2011-2012 School Year.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
388 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. 1.
The board of trustees of each school district shall adopt a policy for each
middle school and junior high school in the school district to develop an
academic plan for each pupil enrolled in the grade level at which the middle
school or junior high school initially enrolls pupils. The academic plan must
set forth:

(a) The
specific educational goals that the pupil intends to achieve before promotion
to high school;

(b) An
identification of the courses required for promotion to high school;

(c) An
identification of all honors courses, career and technical education courses
and other educational programs, courses and pathways available to the pupil
which will assist in the advancement of the education of the pupil; and

(d) A
description of the expectations of the teachers of pupils who are enrolled in
middle school or junior high school.

2. The policy
must require each pupil enrolled in his initial year at the middle school or
junior high school and the pupils parent or legal guardian to:

(a) Have
sufficient opportunities to work in consultation with a school counselor to
develop an academic plan for the pupil;

(b) Review the
academic plan; and

(c) Review the
academic plan at least once each school year until the pupil is promoted to
high school in consultation with the school counselor and revise the plan as
necessary.

3. If a pupil
enrolls in a middle school or junior high school after the initial year of
enrollment for that middle school or junior high school, an academic plan must
be developed for that pupil with appropriate modifications for the grade level
of the pupil.

4. An academic
plan for a pupil must be used as a guide for the pupil and the pupils parent
or legal guardian to plan, monitor and manage the pupils educational
development and make determinations of the appropriate courses of study for the
pupil. If the pupil does not satisfy all the educational goals set forth in the
academic plan, the pupil is eligible for promotion to high school if he
otherwise satisfies the requirements for promotion to high school.

Sec. 3. 1.
The board of trustees of each school district which includes at least one
middle school or junior high school with an enrollment of 500 pupils or more
shall adopt a policy for each of those middle schools and junior high schools
to provide a program of small learning
communities for pupils enrolled in the grade level at which those middle
schools or junior high schools initially enroll pupils.

learning communities
for pupils enrolled in the grade level at which those middle schools or junior
high schools initially enroll pupils. The policy must require:

(a) Where
practicable, the designation of a separate area geographically within the
middle school or junior high school where the pupils enrolled in their initial
year at the middle school or junior high school attend classes;

(b) The
collection and maintenance of information relating to pupils enrolled in their
initial year at the middle school or junior high school, including, without
limitation, credits earned, attendance, truancy and indicators that a pupil may
be at risk of dropping out of middle school or junior high school;

(c) Based upon
the information collected pursuant to paragraph (b), the timely identification
of any special needs of a pupil enrolled in his initial year at the middle
school or junior high school, including, without limitation, any need for
programs of remedial study for a particular subject area and appropriate
counseling;

(d) Methods to
increase the involvement of parents and legal guardians of pupils enrolled in
their initial year in a middle school or junior high school in the education of
their children; and

(e) The
assignment of:

(1) Guidance
counselors;

(2) At
least one licensed school administratoror his designee; and

(3) Appropriate
adult mentors,

Κ
specifically for the pupils enrolled in their initial year at the middle school
or junior high school.

2. The
principal of each middle school or junior high school in which 500 pupils or
more are enrolled shall:

(a) Carry out a
program of small learning communities in accordance with the policy prescribed
by the board of trustees pursuant to subsection 1; and

(b) Submit an
annual report, on a date prescribed by the board of trustees, that sets forth
the specific strategies, programs and methods which are used to focus on the
pupils enrolled in their initial year at the middle school or junior high
school, including, without limitation, the program of mentoring provided
pursuant to section 5 of this act.

Sec. 4. Chapter
392 of NRS is hereby amended by adding thereto the provisions set forth as
sections 5 and 6 of this act.

Sec. 5. 1.
The board of trustees of each school district shall adopt a policy for each
middle school and junior high school in the school district to provide a
program of peer mentoring, which may include a component of adult mentoring,
for pupils enrolled in the grade level at which the middle school or junior
high school initially enrolls pupils. The policy must be designed to increase
the ability of those pupils to successfully make the transition from elementary
school to middle school or junior high school.

2. The
principal of each middle school or junior high school shall:

(a) Carry out a
program of mentoring in accordance with the policy adopted by the board of
trustees pursuant to subsection 1; and

(2) The
effectiveness of the program of mentoring in increasing the ability of pupils
to successfully make the transition to middle school or junior high school.

3. This
section does not prohibit a middle school or junior high school from continuing
any other similar program of mentoring that the middle school or junior high
school currently provides in a manner that is consistent with the policy
prescribed by the board of trustees.

Sec. 6. 1.
The board of
trustees of each school district shall adopt a policy which allows the board of
trustees to require a pupil enrolled in a middle school or junior high school
in the school district to conduct a pupil-led conference between the pupil, his
parent or legal guardian and his teacher to review the educational development
of the pupil at least once during the enrollment of the pupil in the middle
school or junior high school. The policy must include, without limitation:

(a) Guidelines
for preparing the pupil to conduct the conference, including, without
limitation, the appropriate structure of a conference and topics of discussion
for the conference; and

(b) A method
for the pupil, his parent or legal guardian and the teacher to provide an
evaluation of the conference.

2. If a pupil
is required to conduct a pupil-led conference, the conference must be used as a
guide for the pupil and the parent or legal guardian of the pupil to monitor
the pupils educational development. If the pupil does not conduct a pupil-led
conference or if the parent or legal guardian of the pupil does not attend a
pupil-led conference, the pupil is eligible for promotion to high school if he
otherwise satisfies the requirements for promotion to high school.

Sec. 7. 1. The board of trustees of each school
district shall adopt the policies required by sections 2, 3, 5 and 6 of this
act not later than January 1, 2011, for implementation beginning with the
2011-2012 School Year.

2. On or before June 1, 2010, the board of trustees of each
school district shall provide a report to the Superintendent of Public
Instruction on the status of the adoption of the policies required by sections
2, 3, 5 and 6 of this act, including, without limitation, a plan for implementation
of those policies beginning with the 2011-2012 School Year. On or before July
1, 2010, the Superintendent of Public Instruction shall compile the reports and
provide a report of the compilation to the Legislative Committee on Education.

Sec. 8. 1. This section and section 7 of this act
become effective on July 1, 2009.

2. Sections 2 to 6, inclusive, of this act become effective
on July 1, 2009, for the purpose of adopting the policies required by sections
2, 3, 5 and 6 of this act and on July 1, 2011, for all other purposes.

________

κ2009
Statutes of Nevada, Page 1335κ

CHAPTER 312, AB 496

Assembly Bill No. 496Committee on Judiciary

CHAPTER 312

AN ACT relating to
the Commission on Judicial Discipline; revising the statute of limitations for
filing certain complaints with the Commission; revising provisions concerning
the grounds upon which the Commission may discipline a judge; authorizing the
Commission to impose additional forms of discipline upon a judge who is the
subject of a complaint; revising certain provisions concerning the
confidentiality of the proceedings of the Commission; and providing other
matters properly relating thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Existing law defines certain terms used in certain
provisions of chapter 1 of NRS which relate to the Commission on Judicial
Discipline. (NRS 1.425-1.429) Sections 1.5-9, 16 and 17 of this bill
revise certain definitions and define additional terms that are used in those
provisions.

Section 13 of this bill requires the Commission to
prepare annual and biennial reports concerning, among other things, the period
for disposition of complaints filed with the Commission.

Sections 21, 22, 26 and 27 of this bill authorize
the Commission to dismiss a complaint with a letter of caution under certain
circumstances. (NRS 1.4655, 1.4657, 1.4667, 1.467)

Section 21 of this bill provides, with exceptions,
a 3-year statute of limitations for filing a complaint with the Commission
concerning alleged misconduct or incapacity of a judge. Section 21 also
requires the Commission, within 18 months after the receipt of such a
complaint, to either resolve the complaint or authorize the filing of a formal
statement of charges relating to the complaint. (NRS 1.4655) Section 27
of this bill requires a judge to file an answer to a formal statement of
charges against the judge with the Commission within 20 days after the judge is
served with the formal statement of charges. (NRS 1.467) Section 28 of
this bill generally requires a hearing on a formal statement of charges to be
held. Further, section 28 requires, if practicable, the hearing to be
held not later than 60 days after a judge files the answer with the Commission.
(NRS 1.4673) Section 28 also requires the Commission to prepare findings
of fact and conclusions of law setting forth the decision of the Commission
within 60 days after the conclusion of the hearing on the formal statement of
charges. (NRS 1.4673)

Section 29 of this bill requires the Commission to
give a judge 7 days notice and an opportunity to respond and to hold a public
hearing before the Commission suspends the judge from office. (NRS 1.4675)

Section 30 of this bill adds public admonishment
and public reprimand to the existing forms of discipline the Commission is
authorized to use for a judge who is the subject of a complaint. (NRS 1.4677) Section
32 of this bill authorizes a person who files a complaint against a judge
with the Commission, the judge who is the subject of the complaint or a witness
to disclose information concerning the complaint and any investigation or
proceedings concerning the complaint. Section 32 also authorizes the
Commission to issue an explanatory statement, under certain circumstances,
concerning a complaint filed with the Commission under certain circumstances in
which the complaint is made public. (NRS 1.4683)

Section 33 of this bill revises provisions
governing the documents and exhibits concerning a complaint which must be made
accessible to the public.

Section 1. Chapter
1 of NRS is hereby amended by adding thereto the provisions set forth as
sections 1.5 to 14, inclusive, of this act.

Sec. 1.5. Admonish means to issue a written expression of
disapproval of a judge for one or more violations of the Nevada Code of
Judicial Conduct by the judge as described in NRS 1.4653. The expression of
disapproval may include a warning to the judge to avoid similar conduct in the
future.

Sec. 2. Censure
means to issue a formal, written condemnation of a judge for one or more
violations of the Nevada Code of Judicial Conduct by the judge as described in
NRS 1.4653 that do not require the removal or barring of the judge from office
because there are substantial mitigating factors.

Sec. 3. Complaint
means information in any form and from any source that alleges or implies
judicial misconduct or incapacity.

Sec. 4. Formal
statement of charges means a document setting forth the specific acts of
judicial misconduct or incapacity, including any amendment thereto.

Sec. 5. Letter
of caution means a private, written communication to a judge to:

1. Remind the
judge of ethical responsibilities;

2. Warn the
judge to avoid similar conduct in the future; or

3. Disapprove
of conduct that may create the appearance of impropriety.

Sec. 6. Removal
means a decision issued by the Commission to require a judge to permanently
leave his judicial office for conduct described in NRS 1.4653.

Sec. 6.5. Remove means to require a judge to permanently leave his
judicial office for conduct described in NRS 1.4653.

Sec. 7.Reprimand
means a severe, written reproof for one or more violations of the Nevada Code
of Judicial Conduct by a judge as described in NRS 1.4677.

1. Present
evidence at a hearing to suspend a judge held pursuant to NRS 1.4675;

2. File and
prosecute a formal statement of charges; and

3. Perform
other tasks, as directed by the Commission, pursuant to a designation
authorized by NRS 1.4663.

Sec. 9. Suspend
means a decision issued by the Commission to require a judge to temporarily
leave his office for conduct described in NRS 1.4675.

Sec. 10.1. Proceedings before the Commission are civil matters designed to
preserve an independent and honorable judiciary.

2. Except as
otherwise provided in NRS 1.425 to 1.4695, inclusive, and sections 1.5 to 14,
inclusive, of this act or in the procedural rules adopted by the Commission,
after a formal statement of charges has been filed, the Nevada Rules of Civil
Procedure apply.

Sec. 11. 1. Each appointing authority shall appoint for each position for which
the authority makes an appointment to the Commission an alternate member.

an alternate member.
The Governor shall not appoint more than two alternate members of the same
political party. An alternate member must not be a member of the Commission on
Judicial Selection.

2. An
alternate member shall serve:

(a) When the
appointed member is disqualified or unable to serve; or

(b) When a
vacancy exists.

Sec. 12. The Commission shall adopt rules providing for the disposition of a
complaint or formal statement of charges at any stage in a disciplinary
proceeding, pursuant to:

1. The consent
of the judge who is the subject of the complaint; and

2. An
agreement between the judge and the Commission.

Sec. 13.1. On or before September 30 of each year, the Commission shall prepare
an annual report summarizing the activities of the Commission during the
preceding fiscal year. The annual report must include, without limitation,
statistical information concerning the period for disposition of complaints and
the length of time that proceedings have been pending before the Commission,
and a statement of the budget and expenses of the Commission. The annual report
must be made available to the public.

2. On or
before September 30 of each odd-numbered year, the Commission shall prepare a
biennial report summarizing the activities of the Commission during the
preceding 2 fiscal years. The biennial report must include, without limitation,
statistical information concerning the period for disposition of complaints and
the length of time that proceedings have been pending before the Commission,
and a statement of the budget and expenses of the Commission. The Commission
shall file a copy of the biennial report with the Governor, the Majority Leader
of the Senate, the Speaker of the Assembly, the Chief Justice of the Supreme
Court of Nevada, the Chairman of the Senate Standing Committee on Judiciary,
the Chairman of the Assembly Standing Committee on Judiciary and the State Bar
of Nevada. The biennial report must be made available to the public.

3. The
information included in the annual and biennial reports prepared pursuant to
this section must comply with any and all confidentiality requirementsof applicable law and the rules of
the Commission adopted pursuant to NRS 1.4695.

Sec. 14.1. The Commission may extend the limitations on time set forth in NRS
1.425 to 1.4695, inclusive, and sections 1.5 to 14, inclusive, of this act for
good cause shown.

2. The
limitations on time set forth in NRS 1.425 to 1.4695, inclusive, and sections
1.5 to 14, inclusive, of this act must be computed in the same manner as in the
Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure and
must not include:

(a) Periods of
delay at the request of or attributable to a judge other than the judge who is
the subject of a complaint;

(b) Short
periods of delay that are the result of the period between scheduled meetings
of the Commission;

(c) Periods in
which the judge who is the subject of a complaint and the Executive Director of
the Commission or special counsel are negotiating an agreement; or

(d) Periods
when the Commission is holding a complaint in abeyance pending the disposition
of a court case relating to the complaint.

3. The
Commission shall not dismiss a complaint or a formal statement of charges for
failure to comply with the limitations of time set forth in NRS 1.425 to
1.4695, inclusive, and sections 1.5 to 14, inclusive, of this act unless the
Commission determines such a delay is unreasonable and the rights of the judge
to a fair hearing have been violated. The fact that an investigation has been
conducted more than 24 months after the date the complaint was filed with the
Commission is prima facie evidence of an unreasonable delay, which may be
rebutted.

Sec. 15. NRS 1.425
is hereby amended to read as follows:

1.425 As used in NRS 1.425 to 1.4695, inclusive, and sections 1.5 to 14, inclusive, of
this act, unless the context otherwise requires, the words and
terms defined in NRS 1.426 [to 1.429, inclusive,], 1.427 and 1.428, and sections 1.5 to
9, inclusive, of this act have the meanings ascribed to them in
those sections.

Sec. 16. NRS 1.427
is hereby amended to read as follows:

1.427 Incapacitated means unable to perform the
duties of [his] office because of advanced age or
mental or physical disability.

Sec. 17. NRS 1.428
is hereby amended to read as follows:

1.428 Judge means:

1. A justice
of the Supreme Court;

2. A
judge of the district court;

[2.] 3. A judge of the municipal court;

[3.] 4. A justice of the peace; and

[4.] 5. Any other officer of the Judicial Branch
of this State, whether or not he is an attorney, who presides over judicial
proceedings, including, but not limited to, a magistrate, court commissioner,
special master or referee.

Sec. 18. NRS 1.440
is hereby amended to read as follows:

1.440 1. The Commission has exclusive jurisdiction
over the public censure,
removal, involuntary retirement and other discipline of judges which is
coextensive with its jurisdiction over justices of the Supreme Court and must
be exercised in the same manner and under the same rules.

2. The Supreme Court shall appoint two justices of the
peace or two municipal judges to sit on the Commission for formal, public
proceedings against a justice of the peace or a municipal judge, respectively.
Justices of the peace and municipal judges so appointed must be designated by
an order of the Supreme Court to sit for such proceedings in place of and to
serve for the same terms as the regular members of the Commission appointed by
the Supreme Court.

Sec. 19. NRS 1.465
is hereby amended to read as follows:

1.465 1. The following persons are absolutely immune
from suit for all conduct at any time in the course of their official duties:

(a) Any member who serves on the Commission;

(b) Any person employed by the Commission;

(c) Any independent contractor of the Commission; and

(d) Any person who performs services pursuant to NRS
1.450 or 1.460 for the Commission.

2. [The]Except as otherwise provided in NRS 1.4683, the following
persons are absolutely immune from suit unless convicted of committing perjury
before the Commission pursuant to NRS 199.120 to 199.200, inclusive:

(a) A person who files a complaint with the Commission
pursuant to NRS 1.4655; [and]

(b) A person who gives testimony at a [public]
hearing held by the Commission pursuant to NRS [1 467.] 1.4673 or 1.4675; and

(c) A person who gives a statement to an investigator
of the Commission during an authorized investigation.

Sec. 20. NRS
1.4653 is hereby amended to read as follows:

1.4653 1. The Commission may remove[,]a judge, publicly censure a judge or impose other
forms of discipline on a [justice or] judge if the Commission
determines that the [justice or] judge:

(a) Has committed willful misconduct;

(b) Has willfully or persistently failed to perform the
duties of his office; or

(c) Is habitually intemperate.

2. The Commission may publicly censure a judge or impose other forms of discipline on
a [justice or] judge if the Commission
determines that the [justice or] judge has violated one or
more of the provisions of the Nevada Code of Judicial Conduct in a manner that
is not knowing or deliberate.

3. The Commission may retire a [justice or]
judge if the Commission determines that:

(a) The advanced age of the [justice or]
judge interferes with the proper performance of his judicial duties; or

(b) The [justice or] judge suffers from a mental
or physical disability that prevents the proper performance of his judicial
duties and is likely to be permanent in nature.

4. As used in this section:

(a) Habitual intemperance means the chronic,
excessive use of alcohol or another substance that affects mental processes,
awareness or judgment.

(b) Willful misconduct includes:

(1) Conviction of [a felony or of a
misdemeanor]any
crime involving moral turpitude;

(2) A knowing or deliberate violation of one or
more of the provisions of the Nevada Code of Judicial Conduct; and

(3) A knowing or deliberate act or omission in
the performance of judicial or administrative duties that:

(I) Involves fraud or bad faith or amounts
to a public offense; and

(II) Tends to corrupt or impair the
administration of justice in a judicial proceeding . [; and

(4) Knowingly
or deliberately swearing falsely in testimony before the Commission or in
documents submitted under oath to the Commission.]

Κ The term does not include claims
of error or abuse of discretion in findings of fact, legal decisions or
procedural rulings unless supported by evidence of abuse of authority, a
disregard for fundamental rights, an intentional disregard of the law, a
pattern of legal error or an action taken for a purpose other than the faithful
discharge of judicial duty.

Sec. 21. NRS
1.4655 is hereby amended to read as follows:

1.4655 1. The Commission may begin an inquiry
regarding the alleged misconduct or incapacity of a [justice or]
judge upon the receipt of[:

(a) A
written, sworn complaint from any person which alleges that the justice or
judge has committed misconduct or is incapacitated; or

(b) Information
from any source and in any format, from which the Commission may reasonably
infer that the justice or judge may have committed misconduct or be
incapacitated.

2. For the
purposes of further inquiry and action by the Commission, information described
in paragraph (b) of subsection 1 shall be deemed to be a complaint upon motion
of the Commission.] a complaint.

2. The
Commission shall not consider complaints arising from acts or omissions that
occurred more than 3 years before the date of the complaint or more than 1 year
after the complainant knew or in the exercise of reasonable diligence should
have known of the conduct, whichever is earlier, except that:

(a) Where there
is a continuing course of conduct, the conduct will be deemed to have been
committed at the termination of the course of conduct;

(b) Where there
is a pattern of recurring judicial misconduct and at least one act occurs
within the 3-year or 1-year period, as applicable, the Commission may consider
all prior acts or omissions related to that pattern; and

(c) Any period
in which the judge has concealed or conspired to conceal evidence of misconduct
is not included in the computation of the time limit for the filing of a
complaint pursuant to this section.

3. Within 18
months after the receipt of a complaint pursuant to this section, the
Commission shall:

(a) Dismiss the
complaint with or without a letter of caution;

(b) Attempt to
resolve the complaint informally as required pursuant to NRS 1.4665;

(c) Enter into
a deferred discipline agreement pursuant to NRS 1.468;

(d) With the
consent of the judge, impose discipline on the judge pursuant to an agreement
between the judge and the Commission; or

(e) Authorize
the filing of a formal statement of the charges based on a finding that there
is a reasonable probability that the evidence available for introduction at a
formal hearing could clearly and convincingly establish grounds for
disciplinary action.

Sec. 22. NRS
1.4657 is hereby amended to read as follows:

1.4657 1. The Commission shall, in accordance with
its procedural rules, examine each complaint that it receives [pursuant
to NRS 1.4655] to determine whether the complaint [contains
allegations which, if true, would establish grounds for discipline pursuant to
NRS 1.4653.]
alleges objectively verifiable evidence from which a reasonable inference could
be drawn that a judge committed misconduct or is incapacitated.

2. If the Commission determines that a complaint does
not contain such allegations, the Commission shall dismiss the complaint[.] with or without a letter of caution. A
letter of caution is not a form of discipline. The Commission may consider a
letter of caution when deciding the appropriate action to be taken on a
subsequent complaint against a judge unless the letter of caution is not
relevant to the misconduct alleged in the subsequent complaint.

3. If the Commission determines that a complaint does
contain such allegations, the Commission shall authorize further investigation .[to be conducted in
accordance with NRS 1.4663.]

Sec. 23. NRS 1.466
is hereby amended to read as follows:

1.466 1. During any stage of a disciplinary
proceeding, including, but not limited to, an investigation [to
determine probable cause]pursuant to NRS 1.4663 and a formal hearing,
the Commission may issue a subpoena to compel the attendance or testimony of a
witness or the production of any relevant materials,
including, but not limited to, books, papers, documents, records, photographs,
recordings, reports and tangible objects.

2. If a witness refuses to attend, testify or produce
materials as required by the subpoena, the Commission may, in accordance with
its procedural rules, hold the witness in contempt and impose a reasonable
penalty to enforce the subpoena.

3. If a witness continues to refuse to attend, testify
or produce materials as required by the subpoena, the Commission may report to
the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of
attendance or testimony of the witness or the production of materials;

(b) The witness has been subpoenaed by the Commission
pursuant to this section; and

(c) The witness has failed or refused to attend,
testify or produce materials as required by the subpoena before the Commission,
or has refused to answer questions propounded to him,

Κ and asking
for an order of the court compelling the witness to attend, testify or produce
materials before the Commission.

4. Upon receipt of such a petition, the court shall
enter an order directing the witness to appear before the court at a time and
place to be fixed by the court in its order, the time to be not more than 10
days after the date of the order, and then and there show cause why he has not
attended, testified or produced materials before the Commission. A certified
copy of the order must be served upon the witness.

5. If it appears to the court that the subpoena was
regularly issued by the Commission, the court shall enter an order that the
witness appear before the Commission at a time and place fixed in the order and
testify or produce materials, and that upon failure to obey the order the witness
must be dealt with as for contempt of court.

Sec. 24. NRS
1.4663 is hereby amended to read as follows:

1.4663 1. If the Commission determines pursuant to
NRS 1.4657 that a complaint [contains allegations which, if true, would establish grounds
for discipline pursuant to NRS 1.4653,]alleges objectively verifiable evidence
from which a reasonable inference could be drawn that a judge committed
misconduct or is incapacitated, the Commission shall assign or
appoint an investigator to conduct an investigation to determine whether the
allegations have merit. The
Commission may designate special counsel at any time after a complaint is filed
with the Commission pursuant to NRS 1.4655.

2. Such an investigation must be conducted in
accordance with procedural rules adopted by the Commission and may extend to
any matter that is, in the determination of the Commission, reasonably related
to an allegation of misconduct or incapacity contained in the complaint.

3. An investigator assigned or appointed by the
Commission to conduct an investigation pursuant to this section may, for the
purpose of investigation, compel by subpoena on behalf of the Commission the
attendance of witnesses and the production of necessary materials as set forth
in NRS 1.466.

4. At the conclusion of the investigation, the
investigator shall prepare a written report of the investigation for review by
the Commission.

Sec. 25. NRS
1.4665 is hereby amended to read as follows:

1.4665 1. [If a]Except as otherwise provided in
this section or in the procedural rules adopted by the Commission, the
Commission shall use the same procedures
with respect to allegations of incapacity as it uses with respect to
allegations of misconduct.

same procedures
with respect to allegations of incapacity as it uses with respect to
allegations of misconduct.

2. The
Commission shall attempt to resolve the following matters informally:

(a) A complaint
received by the Commission which alleges
that a [justice or] judge is incapacitated[, the Commission shall,
after examining the complaint and conducting an investigation pursuant to NRS
1.4657 and 1.4663, attempt to resolve the matter informally.];

(b) A
matter in which the preliminary investigation reveals that a judge may have a
physical or mental disability; and

(c) A
matter in which the judge raises a mental or physical disability as an issue
before the filing of the formal statement of charges.

3. An
informal resolution by the Commission pursuant to subsection 2 includes,
without limitation:

(a) Voluntary
retirement by the judge; and

(b) If the
disability can be adequately addressed through treatment, a deferred discipline
agreement pursuant to NRS 1.468.

4. In
attempting to resolve [the]a matter informally, the Commission may
request that the [justice or] judge named in the complaint
submit to medical, psychiatric or psychological testing by a physician licensed
to practice medicine in this State who is selected by the Commission.

[2.] 5. If the Commission is unable to resolve
the matter informally pursuant to subsection [1,]2, the Commission shall:

(a) Proceed as set forth in NRS 1.4667, 1.467 and
1.4673. [If the matter proceeds to the point at which the prosecuting
attorney files a statement of formal charges pursuant to NRS 1.467 and the
justice or judge named in the complaint denies all or part of those charges,
the Commission shall deem such a denial to be consent on the part of the
justice or judge to submit to medical, psychiatric or psychological testing by
a physician licensed to practice medicine in this State who is selected by the
Commission.]

(b) Unless the [justice or]
judge has retained counsel at his own expense, appoint an attorney to represent
the [justice or] judge at public expense.

6. If a
judge raises a mental or physical disability as an affirmative defense or in
mitigation, the judge shall be deemed to have consented to medical, psychiatric
or psychological testing and to have waived the psychologist-patient privilege,
doctor-patient privilege, marriage and family therapist-client privilege and
social worker-client privilege set forth in chapter 49 of NRS, as applicable.
The Commission shall require the judge to produce his relevant medical records
and to submit to medical, psychiatric or psychological testing by a physician
licensed to practice medicine in this State who is selected by the judge. If
the judge refuses to produce medical records or submit to an examination, the
Commission shall preclude the judge from presenting the medical records or
evidence of the results of medical examinations conducted on behalf of the
judge and may consider the refusal as evidence that the judge has an incapacity
that seriously interferes with the performance of judicial duties of the judge
and is likely to become permanent, or as evidence contradicting the claim of a
disability by the judge as an affirmative defense or mitigating factor.

7. If a
judge raises a mental illness or other disability as a defense or mitigating
factor in a proceeding alleging misconduct, the judge has the burden of proving
by a preponderance of the evidence that:

(c) He has
undergone or is undergoing treatment for the mental illness or other
disability;

(d) The
treatment has abated the cause of the misconduct; and

(e) The
misconduct is not likely to recur.

[3.] 8. The findings of a physician [appointed]selected by the
Commission pursuant to this section are not privileged communications.

[4.] 9. The provisions of this section do not
prohibit a [justice or] judge from having legal
counsel and a physician of his choice present at a medical, psychiatric or psychological
examination conducted pursuant to this section.

[5.] 10. The Commission shall adopt procedural
rules to carry out the provisions of this section.

Sec. 26. NRS 1.4667
is hereby amended to read as follows:

1.4667 1.
The Commission shall review the report [of an investigation
conducted]prepared
pursuant to NRS 1.4663 to determine whether there is [sufficient
reason to proceed.]a reasonable probability that the evidence available for
introduction at a formal hearing could clearly and convincingly establish
grounds for disciplinary action against a judge.

2. If
the Commission determines that [there is not sufficient reason to proceed,]such a reasonable probability does
not exist, the Commission shall dismiss the complaint[.]with or without a letter of caution. The
Commission may consider a letter of caution when deciding the appropriate
action to be taken on a subsequent complaint against a judge unless the caution
is not relevant to the misconduct alleged in the subsequent complaint.

3. If
the Commission determines that [it could, in all likelihood, make a determination in the
affirmative pursuant to NRS 1.467,]such a reasonable probability exists, the
Commission shall require the [justice or] judge [named in the complaint]
to respond to the complaint in accordance with procedural rules adopted by the
Commission. [If thejustice orjudge fails to respond to the
complaint, the Commission shall deem such failure to be an admission that the
facts alleged in the complaint:

1. Are
true; and

2. Establish
grounds for discipline pursuant to NRS 1.4653.]

Sec. 27. NRS 1.467
is hereby amended to read as follows:

1.467 1. After [the justice or]a judge [named
in the complaint] responds to the complaint as required pursuant to NRS
1.4667 ,[and
after considering that response and other relevant information,]
the Commission shall make a finding of whether there is a reasonable
probability that the evidence available for introduction at a formal hearing
could clearly and convincingly establish grounds for disciplinary action
against the [justice or] judge .[named in the complaint
pursuant to NRS 1.4653.]

2. If the Commission [makes a finding]finds that such a
reasonable probability does not exist, the Commission shall dismiss the
complaint[.] with or without a letter of caution.
The Commission may consider a letter of caution when deciding the appropriate
action to be taken on a subsequent complaint against a judge unless the caution
is not relevant to the misconduct alleged in the subsequent complaint.

3. If the Commission [makes a finding]finds that such a
reasonable probability [does exist,]exists, but reasonably believes that the misconduct would be
addressed more appropriately through rehabilitation, treatment, education or minor corrective action, the Commission may enter
into a deferred discipline agreement with the judge for a definite period as
described in NRS 1.468.

education or
minor corrective action, the Commission may enter into a deferred discipline
agreement with the judge for a definite period as described in NRS 1.468.

4. The
Commission shall not dismiss a complaint with a letter of caution or enter into
a deferred discipline agreement with a judge if:

(a) The
misconduct of the judge involves the misappropriation of money, dishonesty,
deceit, fraud, misrepresentation or a crime that adversely reflects on the
honesty, trustworthiness or fitness of the judge;

(b) The
misconduct of the judge resulted or will likely result in substantial prejudice
to a litigant or other person;

(c) The
misconduct of the judge is part of a pattern of similar misconduct; or

(d) The
misconduct of the judge is of the same nature as misconduct for which the judge
has been publicly disciplined or which was the subject of a deferred discipline
agreement entered into by the judge within the immediately preceding 5 years.

5. If the
Commission finds that such a reasonable probability exists and that formal
proceedings are warranted, the Commission shall, in accordance
with its procedural rules[:

(a) Designate
a prosecuting attorney, who must], designate special counsel to sign under oath
and file with the Commission
a formal statement of charges against the [justice or judge and file
the statement with the Commission;

(b) Require
that the justice or judge submit to the Commission an answer to the formal
statement of charges; and

(c) Hold a
formal, public hearing on the merits of the charges.

4.] judge.

6. Within
20 days after service of the formal statement of charges, the judge shall file
an answer with the Commission under oath. If the [justice
or] judge fails to answer the formal statement of charges [pursuant
to subsection 3,]within that period, the Commission shall deem
such failure to be an admission that the charges set forth in the formal
statement:

(a) Are true; and

(b) Establish grounds for discipline pursuant to NRS
1.4653.

7. The
Commission shall adopt rules regarding disclosure and discovery after the
filing of a formal statement of charges.

8. By leave of
the Commission, a statement of formal charges may be amended at any time,
before the close of the hearing, to allege additional matters discovered in a
subsequent investigation or to conform to proof presented at the hearing if the
judge has adequate time, as determined by the Commission, to prepare a defense.

Sec. 28. NRS
1.4673 is hereby amended to read as follows:

1.4673 [After holding a formal hearing on the merits of the charges
filed pursuant to NRS 1.467, the Commission shall, in accordance with its
procedural rules, dismiss the charges or discipline the justice or judge]

1. Unless
a deferred discipline agreement has been entered into with the judge pursuant
to NRS 1.468, a hearing on a formal statement of charges must be held. If
practicable, the hearing must be held not later than 60 days after:

(b) The date on
which the time period for filing an answer expires if the judge has not filed
an answer and has not filed with the Commission a request for an extension of
time before the expiration of the period for filing the answer.

2. If formal
charges are filed against a judge:

(a) The
standard of proof in any proceedings following the formal statement of charges
is clear and convincing evidence.

(b) The burden
of proof rests on the special counsel except where otherwise provided by
specific statute.

(c) The rules
of evidence applicable to civil proceedings apply at a hearing held pursuant to
subsection 1.

3. Within 60
days after the conclusion of a hearing on a formal statement of charges, the
Commission shall prepare and adopt written findings of fact and conclusions of
law that:

(a) Dismiss all
or part of the charges, if the Commission determines that the grounds for
discipline have not been proven by clear and convincing evidence; or

(b) Impose such
disciplinary actions on the judge as
deemed appropriate by the Commission [.], if the
Commission determines that the grounds for discipline have been proven by clear
and convincing evidence.

Sec. 29. NRS
1.4675 is hereby amended to read as follows:

1.4675 1. The Commission shall suspend a [justice
or] judge from the exercise of office with salary:

(a) While there is pending an indictment or information
charging the [justice or] judge with a crime
punishable as a felony pursuant to the laws of the State of Nevada or the United States; or

(b) When the [justice or]
judge has been adjudged mentally incompetent or insane.

2. The Commission may suspend a [justice or]
judge from the exercise of office without salary if the [justice or]
judge:

(a) Pleads guilty, guilty but mentally ill or no
contest to a charge of; or

(b) Is found guilty or guilty but mentally ill of,

Κ a crime punishable
as a felony pursuant to the laws of the State of Nevada or the United States. If the conviction is later reversed, the [justice or]
judge must be paid his salary for the period of suspension.

3. In
addition to the grounds set forth in subsection 2, the Commission may suspend a
judge from the exercise of office without salary if the Commission determines
that the judge:

(a) Has
committed serious and repeated willful misconduct;

(b) Has
willfully or persistently failed to perform the duties of his office; or

(c) Is
habitually intemperate,

Κ and the Commission determines
that the circumstances surrounding such conduct, including, without limitation,
any mitigating factors, merit disciplinary action more severe than censure but
less severe than removal.

4. [The]During any stage of a disciplinary
proceeding, the Commission may suspend [a justice or]the judge from the
exercise of office with salary pending
a final disposition of the complaint if the Commission
determines, [pending a final determination in a judicial disciplinary proceeding,] by a preponderance of the evidence, that the
[justice or] judge poses a substantial threat of serious harm to the public or
to the administration of justice.

proceeding,]by a preponderance of the
evidence, that the [justice or] judge
poses a substantial threat of serious harm to the public or to the
administration of justice.

[4.] 5.The Commission shall give the judge 7 days notice of its
intention to suspend the judge pursuant to this section and shall give the
judge an opportunity to respond. The Commission shall hold a public hearing
before ordering such a suspension, unless the judge waives his right to the
hearing. The decision of the Commission must be made public.

6. A
[justice or] judge suspended pursuant to
this section may appeal the suspension to the Supreme Court .[for reconsideration of
the order.

5.] If a judge appeals such a suspension:

(a) The
standard of review for such an appeal is an abuse of discretion standard; and

(b) The
proceedings held at the Supreme Court concerning the suspension must be open to
the public.

7. Within
60 days after a decision by the Commission to suspend a judge pursuant to this
section, the Commission shall:

(a) Have a
formal statement of charges filed against the judge;

(b) Rescind
the suspension; or

(c) Enter
into a deferred discipline agreement with the judge pursuant to NRS 1.468.

8.
The Commission may suspend a [justice or] judge pursuant to this
section only in accordance with its procedural rules.

Sec. 30. NRS
1.4677 is hereby amended to read as follows:

1.4677 [In addition to or in lieu of removal or censure, the
Commission may impose other forms of discipline on a justice or judge whom the
Commission determines to have committed an act or engaged in a behavior in
violation of subsection 1 or 2 of NRS 1.4653, including, but not limited to,
requiring the justice or judge to:]

1. Pursuant
to a deferred discipline agreement with the judge entered into pursuant to NRS
1.468 or based on a finding of misconduct following a hearing on a formal
statement of charges, the Commission may take one or more of the following
actions:

(1) Complete
a probationary period pursuant to conditions deemed appropriate by the
Commission.

[4.] (2) Attend training or
educational courses.

[5.] (3) Follow a remedial
course of action.

[6.] (4) Issue a public
apology.

[7.] (5) Comply with
conditions or limitations on his future conduct.

[8.] (6) Seek medical,
psychiatric or psychological care or counseling and direct the provider of
health care or counselor to report to the Commission regarding the condition or
progress of the [justice or] judge.

[9. Agree not to seek]

(e) Bar
the judge from serving in a judicial office in the future.

[10. Perform any combination of the actions set forth in this
section.]

(f) Impose any
other reasonable disciplinary action or combination of disciplinary actions
that the Commission determines will curtail or remedy the misconduct of the
judge.

2. The
Commission may publiclyadmonish a judge pursuant to subsection 1 if the Commission
determines that the judge has violated one or more of the provisions of the
Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate
and for which there are no aggravating factors.

3. The Commission
may publicly reprimand a judge pursuant to subsection 1 if the Commission
determines that the judge has violated one or more of the provisions of the
Nevada Code of Judicial Conduct in a manner that is:

(a) Not knowing
or deliberate but for which there are aggravating factors; or

(b) Knowing or
deliberate but for which there are mitigating factors.

Sec. 31. NRS 1.468
is hereby amended to read as follows:

1.468 1. Except as otherwise provided in subsections
2 and 3, if the Commission reasonably believes that a [justice or]
judge has committed an act or engaged in a behavior that would be addressed
most appropriately through rehabilitation, treatment, education or minor
corrective action, the Commission may enter into an agreement with the [justice
or] judge to defer formal disciplinary proceedings and
require the [justice or] judge to undergo the
rehabilitation, treatment, education or minor corrective action.

2. The Commission may not enter into an agreement with
a [justice or] judge to defer formal
disciplinary proceedings if the Commission has determined, pursuant to NRS
1.467, that there is a reasonable probability that the evidence available for
introduction at a formal hearing could clearly and convincingly establish
grounds for disciplinary action against the [justice or]
judge pursuant to NRS 1.4653.

3. The Commission may enter into an agreement with a [justice
or] judge to defer formal disciplinary proceedings only in
response to misconduct that is minor in nature.

4. A
deferred discipline agreement entered into pursuant to this section must be in
writing and must specify the conduct that resulted in the agreement. A judge
who enters into such an agreement must agree:

(c) That
the agreement will not be protected by confidentiality for the purpose of any
subsequent disciplinary proceedings against the judge,

Κ and
the agreement must indicate that the judge agreed to the terms set forth in
paragraphs (a), (b) and (c). Such an agreement must expressly authorize the
Commission to revoke the agreement and proceed with any other disposition of
the complaint or formal statement of charges authorized by NRS 1.467 if the
Commission finds that the judge has failed to comply with a condition of the
agreement.

5. The
Executive Director of the Commission shall monitor the compliance of the judge
with the agreement. The Commission may require the judge to document his
compliance with the agreement. The Commission shall give the judge written
notice of any alleged failure to comply with any condition of the agreement and
shall allow the judge not less than 15 days to respond.

6. If the
judge complies in a satisfactory manner with the conditions imposed in the
agreement, the Commission may dismiss the complaint or take any other
appropriate action.

Sec. 32. NRS
1.4683 is hereby amended to read as follows:

1.4683 1. Except as otherwise provided in this
section and NRS [1.4693]1.4675 and 239.0115, all proceedings of the
Commission must remain confidential until the Commission makes a determination
pursuant to NRS 1.467 and the [prosecuting attorney]special counsel files a
formal statement of charges.

2. Except
as otherwise provided in this section, before the filing of a formal statement
of charges, a present or former member of the Commission, a present or former
member of the staff of the Commission or a present or former independent
contractor retained by the Commission shall not disclose information contained
in a complaint or any other information relating to the allegations of
misconduct or incapacity. Such persons:

(a) May
disclose such information to persons directly involved in the matter to the
extent necessary for a proper investigation and disposition of the complaint;
and

(b) Shall
conduct themselves in a manner that maintains the confidentiality of the
disciplinary proceeding.

3. Nothing
in this section prohibits a person who files a complaint with the Commission
pursuant to NRS 1.4655, a judge against whom such a complaint is made or a
witness from disclosing at any time the existence or substance of a complaint,
investigation or proceeding. The immunity provided by NRS 1.465 does not apply
to such a disclosure.

4.
The confidentiality required pursuant to subsection 1 also applies to all
information and materials, written or oral, received or developed by the
Commission ,[or]
its staff or any independent
contractors retained by the Commission in the course of its work
and relating to the alleged misconduct or incapacity of a judge.

[3.] 5. The Commission shall disclose:

(a) The report of a proceeding before the Commission;
and

(b) All testimony given and all materials filed in
connection with such a proceeding,

Κ if a witness
is prosecuted for perjury committed during the course of that proceeding.

[4. If the Commission determines at any stage in a
disciplinary proceeding that there is an insufficient factual or legal basis to
proceed, the Commission shall dismiss the complaint and may, at the request of
the justice or judge named in the complaint, publicly issue an explanatory
statement.

5. The
Commission may issue press releases and other public statements to:

(a) Explain
the nature of its jurisdiction;

(b) Explain
the procedure for filing a complaint;

(c) Explain
limitations upon its powers and authority; and

(d) Report
on the conduct of its affairs.

Κ Such
releases and statements must not, without the consent of the justice or judge
concerned, disclose by name, position, address or other information the
identity of a justice or judge or other person involved in a proceeding then
pending before the Commission or that has been resolved without an order of censure, removal or retirement, unless formal charges
have been filed after a determination pursuant to NRS 1.467.]

order of censure,
removal or retirement, unless formal charges have been filed after a
determination pursuant to NRS 1.467.]

6. Notwithstanding
the provisions of this section to the contrary, at any stage in a disciplinary
proceeding, if the judge, a third person or the person who filed a complaint with
the Commission pursuant to NRS 1.4655 has made the name of the judge against
whom such a complaint is made public, the Commission may, at the request of the
judge or on its own accord, issue an explanatory statement to maintain
confidence in the judicial system and the Commission. In such a statement, the
Commission may:

(a) Confirm
or deny that a complaint has been filed;

(b) Confirm
or deny that the Commission is conducting an investigation;

(c) Confirm
that the Commission has dismissed a complaint with or without a letter of
caution; and

(d) Confirm
that the Commission has entered into a deferred discipline agreement with the
judge.

7. In
addition to the information authorized pursuant to subsection 6, a statement
issued by the Commission pursuant to subsection 6 may correct any public
misinformation concerning the disciplinary proceeding, clarify the procedures
of the Commission relating to the disciplinary proceeding and explain that the
judge has a right to a fair investigation and, if applicable, a fair hearing
without prejudgment. The Commission shall submit such a statement to the judge
concerned for comments before the Commission releases the statement. The
Commission is not required to incorporate any comments made by the judge in the
statement and may release the statement as originally drafted.

8. The
Commission may, without disclosing the name of or any details that may identify
the [justice or] judge involved, disclose the
existence of a proceeding before it to the State Board of Examiners and the
Interim Finance Committee to obtain additional money for its operation from the
Contingency Fund established pursuant to NRS 353.266.

[7.] 9. No record of any medical examination,
psychiatric evaluation or other comparable professional record made for use in
an informal resolution pursuant to subsection [1]4 of NRS 1.4665 may be
made public at any time without the consent of the [justice or]
judge concerned.

10. Notwithstanding
the provisions of this section to the contrary, at any stage in a disciplinary
proceeding, the Commission may release confidential information:

(a) To the
appropriate law enforcement or prosecuting authorities if the Commission
determines that it has reliable information which reveals possible criminal
conduct by a judge, former judge or any other person;

(b) Upon
request to the Board of Governors of the State Bar of Nevada or other
appropriate disciplinary authorities of the State Bar of Nevada if the
Commission determines that it has reliable information that reveals a possible
violation of the Rules of Professional Conduct by a judge, former judge or any
other attorney; or

(c) Pursuant
to an order issued by a court of record of competent jurisdiction in this State
or a federal court of record of competent jurisdiction.

11. Notwithstanding
the provisions of this section to the contrary, at any stage in a disciplinary
proceeding, if a judge or former judge signs a waiver, the Commission may release confidential information
concerning any complaints filed with the Commission pursuant to NRS 1.4655 that
are pending or are closed and did not result in a dismissal to:

waiver, the
Commission may release confidential information concerning any complaints filed
with the Commission pursuant to NRS 1.4655 that are pending or are closed and
did not result in a dismissal to:

(a) An
agency authorized to investigate the qualifications of persons for admission to
practice law;

(b) An
appointing or nominating authority or a state or federal agency lawfully
conducting investigations relating to the selection or appointment of judges;
or

(c) An
agency conducting investigations relating to employment with a governmental
agency or other employment.

12. If
the Commission discloses information concerning a pending complaint to an
agency or authority pursuant to subsection 11, the Commission shall
subsequently disclose the disposition of the complaint to the agency or
authority. The Commission shall send a copy of all information disclosed
pursuant to subsection 11 to the judge concerned at the same time the
Commission sends the information to the agency or authority.

Sec. 33. NRS
1.4687 is hereby amended to read as follows:

1.4687 [Upon]

1. Except
as otherwise provided in subsection 2:

(a) Upon the
filing of a formal statement of charges with the Commission by the [prosecuting
attorney,]special
counsel, the statement and other documents later formally filed
with the Commission must be made accessible to the public, and hearings must be
open.

(b) If a
formal statement of charges has not been filed with the Commission and the
Commission holds a hearing to suspend a judge pursuant to NRS 1.4675, any
transcript of the hearing and any documents offered as evidence at the hearing
must be made accessible to the public.

2. Regardless
of whether any formal statement of charges has been filed with the Commission,
medical records and any other documents or exhibits offered as evidence which
are privileged pursuant to chapter 49 of NRS must not be made accessible to the
public.

3. The
Commissions deliberative sessions must remain private.

4. The
filing of [the]a formal statement of charges does not justify
the Commission, its counsel ,[or] staff or independent contractors retained by the Commission in
making public any correspondence, notes, work papers, interview reports or
other evidentiary matter, except at the formal hearing or with explicit consent
of the [justice or] judge named in the
complaint.

Sec. 34. NRS 1.429, 1.4685 and 1.4693 are
hereby repealed.

Sec. 35. 1. The amendatory provisions of this act
apply only to:

(a) A complaint filed with the Commission on Judicial
Discipline on or after January 1, 2010; and

(b) Any formal statement of charges filed with the
Commission on or after January 1, 2010, as a result of a complaint described in
paragraph (a).

2. As used in this section:

(a) Complaint has the meaning ascribed to it in section 3
of this act.

(b) Formal statement of charges has the meaning ascribed
to it in section 4 of this act.

Sec. 36. This act becomes effective on January 1,
2010.

________

κ2009
Statutes of Nevada, Page 1351κ

CHAPTER 313, AB 497

Assembly Bill No. 497Committee on Judiciary

CHAPTER 313

AN ACT relating to
the criminal justice system; providing for the collection and sharing of
certain statistical data and information relating to the criminal justice
system; and providing other matters properly relating thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Existing law requires the Department of Corrections and
the Division of Parole and Probation of the Department of Public Safety to
provide certain information to the Advisory Commission on the Administration of
Justice and to assist the Commission in carrying out its statutory duties. (NRS
176.0127) Section 1 of this bill requires the Central Repository for
Nevada Records of Criminal History to facilitate the collection of statistical
data, coordinate the exchange of such data with certain other entities involved
in criminal justice and provide the Commission with available statistical data,
information and research requested by the Commission.

Section 3 of this bill requires the Department of
Corrections to provide information and research to the Commission concerning
rates of recidivism and the effectiveness of educational and vocational
programs.

Section 5 of this bill requires the Court
Administrator to compile statistical information concerning criminal cases and
include certain statistics regarding specialty court programs in the report
that the Court Administrator is required to provide to the Legislature before
each legislative session concerning specialty court programs. Section 5
also deletes obsolete statutory language referring to a report that was
required to be made to the Legislature in 2007.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
176 of NRS is hereby amended by adding thereto a new section to read as
follows:

The Central
Repository for Nevada Records of Criminal History shall:

1. Facilitate
the collection of statistical data in the manner approved by the Director of
the Department of Public Safety and coordinate the exchange of such data with
agencies of criminal justice within this State, including:

(a) State and
local law enforcement agencies;

(b) The Office
of the Attorney General;

(c) The Court
Administrator;

(d) The
Department of Corrections; and

(e) The
Division.

2. Provide the Commission with available statistical data and
information requested by the Commission.

Sec. 2. NRS
176.0121 is hereby amended to read as follows:

176.0121 As used in NRS 176.0121 to 176.0129,
inclusive, and section 1 of this
act, Commission means the Advisory Commission on the
Administration of Justice.

(a) Provide the Commission with any available
statistical information or research requested by the Commission and assist the
Commission in the compilation and development of information requested by the
Commission, including, but not limited to, information or research concerning
the facilities and institutions of the Department of Corrections, the offenders
who are or were within those facilities or institutions , rates of recidivism, the effectiveness of educational and
vocational programs and the sentences which are being served or
were served by those offenders;

(b) If requested by the Commission, make available to
the Commission the use of the computers and programs which are owned by the
Department of Corrections; and

(c) Provide the independent contractor retained by the
Department of Administration pursuant to NRS 176.0129 with any available
statistical information requested by the independent contractor for the purpose
of performing the projections required by NRS 176.0129.

2. The Division shall:

(a) Provide the Commission with any available
statistical information or research requested by the Commission and assist the
Commission in the compilation and development of information concerning
sentencing, probation, parole and any offenders who are or were subject to
supervision by the Division;

(b) If requested by the Commission, make available to
the Commission the use of the computers and programs which are owned by the
Division; and

(c) Provide the independent contractor retained by the
Department of Administration pursuant to NRS 176.0129 with any available statistical
information requested by the independent contractor for the purpose of
performing the projections required by NRS 176.0129.

Sec. 4. (Deleted by amendment.)

Sec. 5. NRS 1.360
is hereby amended to read as follows:

1.360 Under the direction of the Supreme Court, the
Court Administrator shall:

1. Examine the administrative procedures employed in
the offices of the judges, clerks, court reporters and employees of all courts
of this State and make recommendations, through the Chief Justice, for the
improvement of those procedures;

2. Examine the condition of the dockets of the courts
and determine the need for assistance by any court;

3. Make recommendations to and carry out the
directions of the Chief Justice relating to the assignment of district judges
where district courts are in need of assistance;

4. Develop a uniform system for collecting and
compiling statistics and other data regarding the operation of the State Court
System and transmit that information to the Supreme Court so that proper action
may be taken in respect thereto;

5. Prepare and submit a budget of state appropriations
necessary for the maintenance and operation of the State Court System and make
recommendations in respect thereto;

6. Develop procedures for accounting, internal
auditing, procurement and disbursement for the State Court System;

7. Collect statistical and other data and make reports
relating to the expenditure of all public money for the maintenance and
operation of the State Court System and the offices connected therewith;

8. Compile statistics from the information required to
be maintained by the clerks of the district courts pursuant to NRS 3.275 regarding criminal and civil cases and
make reports as to the cases filed in the district courts;

9. Formulate and submit to the Supreme Court
recommendations of policies or proposed legislation for the improvement of the
State Court System;

10. On or before January 1 of each year, submit to the
Director of the Legislative Counsel Bureau a written report compiling the
information submitted to the Court Administrator pursuant to NRS 3.243, 4.175
and 5.045 during the immediately preceding fiscal year;

11. On or before January 1 of each odd-numbered year,
submit to the Director of the Legislative Counsel Bureau a written report
concerning:

(a) The distribution of money deposited in the special
account created pursuant to NRS 176.0613 to assist with funding and
establishing specialty court programs;

(b) The current status of any specialty court programs
to which money from the account was allocated since the last report; and

(c) Statistics
compiled from information required to be maintained by clerks of the district
courts pursuant to NRS 3.275 concerning specialty courts, including, without
limitation, the number of participants in such programs, the nature of the
criminal charges that were filed against participants, the number of
participants who have completed the programs and the disposition of the cases.

(d) Such
other related information as the Court Administrator deems appropriate;

12. On or before February 15 of each odd-numbered
year, submit to the Governor and to the Director of the Legislative Counsel
Bureau for transmittal to the next regular session of the Legislature a written
report compiling the information submitted by clerks of courts to the Court
Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate
information for statistical purposes and excludes any identifying information
related to a particular person;

[13. On or before February 15, 2007, submit to the Director
of the Legislative Counsel Bureau for transmittal to the next regular session
of the Legislature a written report concerning the effectiveness of
participation in counseling sessions in a program for the treatment of persons
who commit domestic violence ordered by a court pursuant to NRS 200.485 and the
effect of such counseling sessions on recidivism of the offenders who commit
battery which constitutes domestic violence pursuant to NRS 33.018;]
and

[14.]13. Attend to such other matters as may be
assigned by the Supreme Court or prescribed by law.

Sec. 5.5. NRS
3.275 is hereby amended to read as follows:

3.275 1. The clerk of each district court shall
obtain and file information regarding the nature of each criminal and civil case filed with the
district court. If the criminal
case is referred to a specialty court program, the clerk must obtain and file
information regarding the nature of the case and the program to which the
defendant was referred.

2. The clerk shall provide a form approved by the
Court Administrator for obtaining the information required by subsection 1. No criminal or civil case may be filed in the district court unless the initial
pleading is accompanied by the form, signed by the initiating party or his
representative.

case may be filed in the district court unless the initial
pleading is accompanied by the form, signed by the initiating party or his
representative. In addition to the
information on the form, the clerk shall maintain information concerning the
disposition of each criminal case and, if applicable, whether the defendant
successfully completed a specialty court program.

3. The clerk shall maintain the information contained
in the form and collected pursuant
to subsection 2 in a separate system of filing to allow the
retrieval of statistics relating to [the number, nature and
date of] each criminal
and civil action filed in the district courts.

Existing law provides that a person may consent to the
adoption of his child, and the child will be relinquished either to an agency
or to the person to whom consent to adopt is given, if the adoption is a
specific adoption. (NRS 127.040, 127.053) Section 2 of this bill
provides that, in a specific adoption, the person to whom consent is given
assumes legal custody and legal responsibility for the child as soon as consent
for the adoption is executed.

Section 11 of this bill requires a child-placing
agency licensed by the Division of Child and Family Services of the Department
of Health and Human Services to include certain information confirming its
licensure in any advertisement concerning its services. (NRS 127.310)

Section 14 of this bill provides that certain
sections of this bill may apply retroactively and prospectively to petitions
for adoption.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. Chapter
127 of NRS is hereby amended by adding thereto a new section to read as
follows:

A person to
whom consent to adopt a child is given for a specific adoption pursuant to NRS
127.053 has, at the time the consent is executed, legal custody over the child
and is legally responsible for the child until a court holds a hearing to enter
an order or decree of adoption or to deny the petition pursuant to the laws of
this State or another state.

Sec. 3. NRS
127.005 is hereby amended to read as follows:

127.005 The provisions of NRS 127.010 to 127.1895,
inclusive, and section 2 of this
act govern the adoption of minor children, and the provisions of
NRS 127.190, 127.200 and 127.210 and the provisions of NRS
127.010 to 127.1895, inclusive, and section 2 of this act, where not
inconsistent with the provisions of NRS 127.190, 127.200 and 127.210, govern
the adoption of adults.

NRS 127.010 to 127.1895, inclusive, and section 2 of this act, where not
inconsistent with the provisions of NRS 127.190, 127.200 and 127.210, govern
the adoption of adults.

Secs. 4-10. (Deleted by amendment.)

Sec. 11. NRS
127.310 is hereby amended to read as follows:

127.310 1. Except as otherwise provided in NRS
127.240, 127.283 and 127.285, any person or organization other than an agency
which provides child welfare services who, without holding a valid , unrevoked license to
place children for adoption issued by the Division:

(a) Places, arranges the placement of, or assists in
placing or in arranging the placement of, any child for adoption or permanent
free care; or

(b) Advertises in any periodical or newspaper, or by
radio or other public medium, that he will place children for adoption, or
accept, supply, provide or obtain children for adoption, or causes any
advertisement to be published in or by any public medium soliciting, requesting
or asking for any child or children for adoption,

Κ is guilty of
a misdemeanor.

2. Any person who places, accepts placement of, or
aids, abets or counsels the placement of any child in violation of NRS 127.280,
127.2805 and 127.2815 is guilty of a misdemeanor.

3. A periodical, newspaper, radio station or other public
medium is not subject to any criminal penalty or civil liability for publishing
or broadcasting an advertisement that violates the provisions of this section.

4. A child-placing
agency shall include in any advertisement concerning its services published in
any periodical or newspaper or by radio or other public medium a statement
which:

(a) Confirms
that the child-placing agency holds a valid, unrevoked license issued by the
Division; and

(b) Indicates
any license number issued to the child-placing agency by the Division.

Secs. 12 and 13. (Deleted by amendment.)

Sec. 14. The amendatory provisions of sections 2 and 3 of
this act apply to a petition for adoption that is filed pursuant to chapter 127
of NRS before, on or after October 1, 2009.

________

κ2009
Statutes of Nevada, Page 1356κ

CHAPTER 315, AB 534

Assembly Bill No. 534Committee on Ways and Means

CHAPTER 315

AN ACT making a
supplemental appropriation to the Office for Consumer Health Assistance in the
Office of the Governor for unanticipated shortfalls in Fiscal Year 2008-2009
for the Bureau for Hospital Patients; and providing other matters properly
relating thereto.

[Approved: May 28, 2009]

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from
the State General Fund to the Office for Consumer Health Assistance in the
Office of the Governor the sum of $181,169 for the Bureau for Hospital Patients
to address the incorrect reversion of prior fiscal year annual assessments paid
by certain hospitals. This appropriation is supplemental to that made by
section 2 of chapter 350, Statutes of Nevada 2007, at page 1694.

Sec. 2. This act becomes effective upon passage and
approval.

________

CHAPTER 316, AB 547

Assembly Bill No. 547Committee on Ways and Means

CHAPTER 316

AN ACT relating to
state financial administration; revising provisions governing the renewal of
the registration of a motor vehicle; and providing other matters properly
relating thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Existing law provides for a fee of $250 to reinstate the
registration of a motor vehicle that was suspended because the registered owner
failed to have insurance on the date specified in the form for verification
that was mailed to the owner, and for a fee of $50 for a registered owner of a
dormant vehicle who cancelled or allowed the insurance coverage to expire before
cancelling the registration of the vehicle. (NRS 482.480) The proceeds
collected from the fees are deposited in the Account for Verification of
Insurance and used to carry out the provisions of law relating to proof of
insurance for motor vehicles.

Sections 1.3 and 1.7 of this bill revise
provisions governing the renewal of the registration of motor vehicles to
require, in relevant part, that a notification for the renewal of registration
which is mailed to the holder of a certificate of registration must set forth
certain information concerning: (1) the requirement to maintain motor vehicle
liability insurance pursuant to NRS 485.185; and (2) any other applicable
requirements set forth in chapter 485 of NRS and any regulations adopted
pursuant thereto.

482.280 1. The registration of every vehicle expires
at midnight on the day specified on the receipt of registration, unless the day
specified falls on a Saturday, Sunday or legal holiday. If the day specified on
the receipt of registration is a Saturday, Sunday or legal holiday, the
registration of the vehicle expires at midnight on the next judicial day. The
Department shall mail to each holder of a certificate of registration [an
application]a
notification for renewal of registration for the following period
of registration. The [applications]notifications must be mailed by the Department
in sufficient time to allow all applicants to mail the [applications]notifications to the
Department or to renew the
certificate of registration at a kiosk or authorized inspection station or via
the Internet or an interactive response system and to receive new
certificates of registration and license plates, stickers, tabs or other
suitable devices by mail before the expiration of their registrations. An
applicant may present or submit the [application]notification to any
agent or office of the Department.

2. [An application:] A notification:

(a) Mailed or presented to the Department or to a
county assessor pursuant to the provisions of this section;

(b) Submitted to the Department pursuant to NRS
482.294; or

(c) Presented to an authorized inspection station or
authorized station pursuant to the provisions of NRS 482.281,

Κ must
include, if required, evidence of compliance with standards for control of
emissions.

3. The Department shall [insert in each
application]include
with each notification mailed pursuant to subsection 1:

(a) The amount of the governmental services tax to be
collected for the county pursuant to the provisions of NRS 482.260.

(b) The amount set forth in a notice of nonpayment
filed with the Department by a local authority pursuant to NRS 484.444.

(c) A statement which informs the applicant [that,]:

(1) That,
pursuant to NRS 485.185, he is legally required to maintain
insurance during the period in which the motor vehicle is registered[.] which must be provided by an insurance
company licensed by the Division of Insurance of the Department of Business and
Industry and approved to do business in this State; and

(2) Of
any other applicable requirements set forth in chapter 485 of NRS and any
regulations adopted pursuant thereto.

4. An owner who has made proper application for
renewal of registration before the expiration of the current registration but
who has not received the license plate or plates or card of registration for
the ensuing period of registration is entitled to operate or permit the
operation of that vehicle upon the highways upon displaying thereon the license
plate or plates issued for the preceding period of registration for such a time
as may be prescribed by the Department as it may find necessary for the issuance
of the new plate or plates or card of registration.

485.137 1. The department shall publish a leaflet
which summarizes and explains the requirements and provisions of this chapter.

2. The department shall:

(a) Make copies of the leaflet available without charge
to all licensed drivers in this State, to all public school pupils who are of
driving age, and to the public.

(b) Cause a copy of the leaflet to be delivered to each
applicant for a new registration of a vehicle.

[(c) Enclose a copy of the leaflet with eachapplication for arenewal of registration of a vehicle which is mailed to the
applicant pursuant to law.]

Sec. 2. (Deleted by amendment.)

Sec. 3. 1. This section and sections 1.3 to 2,
inclusive, of this act become effective on July 1, 2009.

2. Section 1 of this act becomes effective on July 1, 2011.

________

CHAPTER 317, AB 549

Assembly Bill No. 549Committee on Ways and Means

CHAPTER 317

AN ACT relating to
state financial administration; temporarily suspending the requirement to
transfer money from the Abandoned Property Trust Account in the State General
Fund to the Millennium Scholarship Trust Fund; and providing other matters
properly relating thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Under existing law, the first $7,600,000 of the balance
in the Abandoned Property Trust Account in the State General Fund, after the
transfer of money to the Educational Trust Fund, is required to be transferred
by the end of each fiscal year to the Millennium Scholarship Trust Fund. (NRS
120A.620) By resolution, the Nevada Legislature determined during the 24th
Special Session that the suspension of the requirement to make this transfer
for Fiscal Year 2008-2009 was necessitated by the economic downturn. (File No.
2, Statutes of Nevada 2008, 24th Special Session, p. 20) This bill implements
that resolution by suspending the requirement for the transfer during the
fiscal year ending on June 30, 2009.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Notwithstanding the provisions of
subsection 5 of NRS 120A.620, the requirement to transfer $7,600,000 from the
Abandoned Property Trust Account in the State General Fund to the Millennium
Scholarship Trust Fund created pursuant to NRS 396.926 is suspended for the
fiscal year ending on June 30, 2009.

Sec. 2. This act becomes effective upon passage and
approval.

________

κ2009
Statutes of Nevada, Page 1359κ

CHAPTER 318, AB 556

Assembly Bill No. 556Committee on Ways and Means

CHAPTER 318

AN ACT relating to
the State Department of Agriculture; eliminating the position of Weed Control
Analyst within the Department; and providing other matters properly relating
thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Existing law creates the position of Weed Control Analyst
within the State Department of Agriculture, sets forth the eligibility
requirements for the person appointed to the position and sets forth the duties
of the Weed Control Analyst. (NRS 555.031, 555.033) This bill eliminates the
position of Weed Control Analyst.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 555.031 and 555.033 are
hereby repealed.

Sec. 2. This act becomes effective on July 1, 2009.

________

CHAPTER 319, AB 557

Assembly Bill No. 557Committee on Ways and Means

CHAPTER 319

AN ACT making a
supplemental appropriation to the Department of Corrections for unanticipated
shortfalls in Fiscal Year 2008-2009 for increased costs at various facilities;
and providing other matters properly relating thereto.

[Approved: May 28, 2009]

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from
the State General Fund to the Department of Corrections the sum of $2,872,874
for increased costs at various facilities to be allocated as follows:

1. For projected shortfalls in the utility budget for the
Fiscal Year 2008-2009, the sum of $875,878 allocated as follows:

Sec. 2. The appropriation made in section 1 of this
act is supplemental to that made by section 23 of chapter 350, Statutes of
Nevada 2007, at page 1698.

Sec. 3. Any remaining balance of the appropriation
made by section 1 of this act must not be committed for expenditure after June
30, 2009, by the entity to which the appropriation is made or any entity to
which money from the appropriation is granted or otherwise transferred in any
manner, and any portion of the appropriated money remaining must not be spent
for any purpose after September 18, 2009, by either the entity to which the
money was appropriated or the entity to which the money was subsequently
granted or transferred, and must be reverted to the State General Fund on or
before September 18, 2009.

Sec. 4. This act becomes effective upon passage and
approval.

________

κ2009
Statutes of Nevada, Page 1361κ

CHAPTER 320, AB 560

Assembly Bill No. 560Committee on Ways and Means

CHAPTER 320

AN ACT relating to
education; reorganizing the composition of the Regional Training Programs for
the Professional Development of Teachers and Administrators; revising
provisions governing the membership of the Statewide Council for the
Coordination of the Regional Training Programs; and providing other matters
properly relating thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Existing law creates four Regional Training Programs for
the Professional Development of Teachers and Administrators as follows: (1) the
Southern Nevada Regional Training Program; (2) the Western Nevada Regional
Training Program; (3) the Northeastern Nevada Regional Training Program; and
(4) the Northwestern Nevada Regional Training Program. Section 1 of this
bill eliminates the Western Nevada Regional Training Program and reorganizes
the composition of the three remaining Regional Training Programs to include
the school districts formerly included in the Western Nevada Regional Training
Program. (NRS 391.512)

Existing law creates the Statewide Council for the
Coordination of the Regional Training Programs, consisting of nine members
including members representing each Regional Training Program. Section 2 of
this bill revises the membership of the Statewide Council to reduce the number
of members to seven, and section 3 of this bill expires the terms of the
two members of the Statewide Council who represent the Western Nevada Regional
Training Program.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 391.512 is hereby amended to read as
follows:

391.512 1. There are hereby created the Southern
Nevada Regional Training Program, [the Western Nevada
Regional Training Program,] the Northeastern Nevada
Regional Training Program and the Northwestern Nevada Regional Training
Program. The governing body of each regional training program shall establish
and operate a:

(a) Regional training program for the professional
development of teachers and administrators.

(b) Nevada Early Literacy Intervention Program through
the regional training program established pursuant to paragraph (a).

2. Except as otherwise provided in subsection [6,]5, the Southern
Nevada Regional Training Program must primarily provide services to teachers
and administrators who are employed by school districts in:

(a) Clark County;

(b) Esmeralda County;

(c) Lincoln County; [and]

(d) Mineral
County; and

(e) Nye
County.

3. [Except as otherwise provided in subsection 6, the Western
Nevada Regional Training Program must primarily provide services to teachers
and administrators who are employed by school districts in:

4.]
Except as otherwise provided in subsection [6,]5, the Northeastern Nevada
Regional Training Program must primarily provide services to teachers and administrators
who are employed by school districts in:

(a) Churchill
County;

(b) Elko
County;

[(b)](c) Eureka County;

[(c)](d) Lander County;

[(d)](e) Humboldt County; [and

(e)](f) Pershing County; and

(g) White
Pine County.

[5.]4. Except as otherwise provided in subsection
[6,]5, the Northwestern Nevada Regional Training
Program must primarily provide services to teachers and administrators who are
employed by school districts in:

(a) [Pershing County;] Carson City;

(b) Douglas
County;

(c) Lyon
County;

(d) Storey
County; and

[(c)](e) Washoe County.

[6.]5. Each regional training program shall, when
practicable, make reasonable accommodations for the attendance of teachers and
administrators who are employed by school districts outside the primary
jurisdiction of the regional training program.

[7.]6. The board of trustees of the:

(a) Clark County School District shall serve as the
fiscal agent for the Southern Nevada Regional Training Program.

(b) [Douglas County School District shall serve as the fiscal
agent for the Western Nevada Regional Training Program.

(c)]
Elko County School District shall serve as the fiscal agent for the
Northeastern Nevada Regional Training Program.

[(d)](c) Washoe County School District shall serve
as the fiscal agent for the Northwestern Nevada Regional Training Program.

Κ As fiscal
agent, each school district is responsible for the payment, collection and
holding of all money received from this State for the maintenance and support
of the regional training program and Nevada Early Literacy Intervention Program established and
operated by the applicable governing body.

Sec. 2. NRS
391.516 is hereby amended to read as follows:

391.516 1. The Statewide Council for the Coordination
of the Regional Training Programs, consisting of [nine]seven members, is
hereby created. The membership of the Council consists of:

(a) Each coordinator hired by the governing body of
each regional training program pursuant to NRS 391.532.

(b) One member of the governing body of each regional
training program, appointed by the governing body. The member appointed
pursuant to this paragraph may appoint a designee to serve in his place.

(c) One representative of the Nevada State Education
Association, appointed by the President of that Association.

2. Each coordinator who serves on the Statewide
Council is a member of the Statewide Council only for the period of his service
as coordinator of the regional training program pursuant to NRS 391.532.

3. Each member appointed by the governing body
pursuant to paragraph (b) of subsection 1 and the member appointed pursuant to
paragraph (c) of subsection 1 serve a term of 2 years.

4. Members of the Statewide Council serve without
salary, but are entitled to receive the per diem allowance and travel expenses
provided for state officers and employees generally for each day or portion of
a day during which a member attends a meeting of the Statewide Council or is
otherwise engaged in the work of the Statewide Council. For the members of the
Statewide Council who are appointed pursuant to paragraphs (a) and (b) of
subsection 1, the governing body of the regional training program represented
by those members shall pay the per diem allowance and travel expenses. For the
member of the Statewide Council who is appointed pursuant to paragraph (c) of
subsection 1, the Nevada State Education Association shall pay the per diem
allowance and travel expenses.

5. The governing bodies of the regional training
programs may mutually agree to expend a portion of their respective budgets to
pay for the administrative support of the Statewide Council.

Sec. 3. The terms of the members serving on the
Statewide Council for the Coordination of the Regional Training Programs for
the Professional Development of Teachers and Administrators who represent the
Western Nevada Regional Training Program expire on June 30, 2009.

Sec. 4. 1. On or before July 1, 2009, the Western
Nevada Regional Training Program shall transfer to each board of trustees of a
school district whose personnel were served by that Regional Training Program
all records of training of those personnel in the possession of that Regional
Training Program.

2. On or before July 1, 2009, the Northwestern Nevada
Regional Training Program shall transfer to the Board of Trustees of the
Pershing County School District all records of training in the possession of
that Regional Training Program of personnel who are employed by that school
district and who were served by that Regional Training Program.

Sec. 5. 1. This section and sections 3 and 4 of
this act become effective upon passage and approval.

AN ACT relating to
energy; creating the Renewable Energy and Energy Efficiency Authority;
establishing the position of the Nevada Energy Commissioner; revising
provisions related to energy and state and residential property; revising
provisions related to public utility rates; revising provisions related to
capacity and incentives in certain renewable energy programs; requiring the
Public Utilities Commission of Nevada to adopt regulations authorizing electric
utilities to recover certain costs; authorizing local governing bodies to
establish improvement districts for the construction and installation of
certain renewable energy projects, energy efficiency projects and public safety
projects; abolishing the Task Force for Renewable Energy and Energy
Conservation; transferring authority for the administration of the Trust Fund
for Renewable Energy and Energy Conservation from the Task Force to the Authority;
and providing other matters properly relating thereto.

[Approved: May 28, 2009]

Legislative Counsels Digest:

Section 1.19 of this bill creates the Renewable
Energy and Energy Efficiency Authority. Sections 1.73 and 1.75 of this
bill set forth certain duties of the Authority. Section 1.73 transfers
the authority for administration of the Trust Fund for Renewable Energy and
Energy Conservation from the Task Force for Renewable Energy and Energy
Conservation to the Authority.

Section 1.21 of this bill creates the position of
the Nevada Energy Commissioner. The Commissioner is the head of the Authority. Sections
1.21-1.25, 1.55-1.59, 1.63 and 1.67-1.71 of this bill set forth the powers
and duties of the Commissioner and transfer certain duties from the Director of
the Office of Energy to the Commissioner.

Section 1.27 of this bill creates the State and
Local Government Panel on Renewable and Efficient Energy, which will advise the
Commissioner and the Authority on issues relating to the viability and progress
of energy efficiency and renewable energy retrofit projects at public buildings
and schools. Section 1.35 of this bill creates the New Energy Industry
Task Force, which will advise the Commissioner and the Authority on measures to
promote the development of renewable energy and energy efficiency projects in
this State.

Sections 1.47-1.53 and 1.61 of this bill revise
the powers and duties of the Director of the Office of Energy.

Section 11.7 of this bill reduces the amount of
the mill tax which is available for the use of the Public Utilities Commission
of Nevada and authorizes the levying and assessment of a portion of the mill
tax against electric and natural gas utilities for the use of the Authority and
the Office of Energy, in amounts determined by the Legislature, or the Interim
Finance Committee if the Legislature is not in session. Section 20.7 of
this bill requires the Commissioner and the Director of the Office of Energy to
apply for and accept any money available pursuant to the American Recovery and
Reinvestment Act of 2009.

Sections 1.83-9 and 20 of this bill revise
provisions related to the administration of and the capacity and incentives in
the Solar Energy Systems Incentive Program, the Wind Energy Systems
Demonstration Program and the Waterpower Energy Systems Demonstration Program.
(NRS 701B.200, 701B.260, 701B.590, 701B.620, 701B.840, 701B.850)

Sections 1.89, 1.9, 1.91 and 1.97-3 of this bill
revise provisions governing the Solar Energy Systems Incentive Program. Section
3 of this bill provides that for each program year for the period beginning
July 1, 2010, and ending on June 30, 2021, the total capacity of the Solar
Energy Systems Incentive Program increases by 9 percent per program year, which
additional amount of capacity must be approved for distributed generation
systems. Section 2 of this bill requires the Commission to adopt regulations
authorizing a utility to recover the reasonable costs incurred in carrying out
and administering the installation of such distributed generation systems. Section
20.1 of this bill requires the Commission to make certain reports to the
Legislature concerning the Solar Program.

Sections 1.92, 1.93 and 4.3-5.5 of this bill
revise provisions governing the Wind Energy Systems Demonstration Program. Section
5 requires the Commission to adopt regulations to carry out the Wind
Demonstration Program in a manner designed to meet the goal of the Legislature
of the installation of not less than 5 megawatts of wind energy systems in this
State by 2012.

Sections 1.95 and 7.1-9 of this bill revise
provisions governing the Waterpower Energy Systems Demonstration Program. Section
8 requires the Commission to carry out the Waterpower Demonstration Program
in a manner designed to meet the goal of the Legislature of the installation of
not less than 500 kilowatts of waterpower energy systems in this State by 2012.

Section 20 of this bill requires the Commission to
adopt regulations to carry out the renewable energy programs consistent with
the provisions of chapter 701B of NRS as amended by this bill. Section 20
also provides that the incentives offered to participants in each of the
programs on July 1, 2008, must continue to be offered to participants in the
program until the Commission establishes different incentives. Section 20
further requires that any capacity from previous program years which was
authorized for the Solar Energy Systems Incentive Program and which remains
unallocated on July 1, 2009, be allocated as soon as practicable to qualified
applicants who were placed on the prioritized waiting list established pursuant
to the former provisions of NRS 701B.260 before July 1, 2009.

Section 11 of this bill revises provisions
governing the allocation of certain money for a program to improve energy
conservation and energy efficiency in certain residential properties. (NRS
702.275)

Section 11.1 of this bill authorizes the
Commission, within the limits of Legislative authorization, to fix the salaries
of certain professional, technical and operational personnel.

Section 11.3 of this bill requires the Commission
to adopt regulations authorizing an electric utility to recover an amount that
is attributable to the measurable and verifiable effects associated with the
implementation by the electric utility of energy efficiency and conservation
programs approved by the Commission.

Section 12 of this bill amends provisions related
to rates of public utilities. (NRS 704.110)

Sections 18.1-18.9 of this bill authorize the
governing body of a county, city or town to establish an improvement district
for the construction and installation of a renewable energy project, an energy
efficiency project or a public safety project.

Section 19 of this bill amends provisions related
to tracking the use of energy in buildings owned by the State or occupied by a
state agency. (NRS 331.095)

Sec. 1.11. Chapter
701 of NRS is hereby amended by adding thereto the provisions set forth as
sections 1.13 to 1.41, inclusive, of this act.

Sec. 1.13. Authority means the Renewable Energy and Energy Efficiency
Authority created by section 1.19 of this act.

Sec. 1.15. Commissioner means the Nevada Energy Commissioner
appointed pursuant to section 1.21 of this act.

Sec. 1.17. Panel means the State and Local Government Panel on
Renewable and Efficient Energy created by section 1.27 of this act.

Sec. 1.19. 1. The Renewable Energy and
Energy Efficiency Authority is hereby created. The Commissioner is the head of
the Authority.

2. The
Authority may request assistance from the Public Utilities Commission of Nevada
regarding the use of any resources of the Commission in general.

Sec. 1.21. 1.The Governor shall appoint the Nevada Energy
Commissioner as the head of the Authority, subject to confirmation by the
Legislature, or the Legislative Commission if the Legislature is not in
session.

2.The
Commissioner:

(a)Is in
the unclassified service of the State;

(b)Serves
at the pleasure of the Governor; and

(c)Must
have experience and demonstrated expertise in one or more of the following
fields:

(1)Financing
of energy projects;

(2)Energy
generation projects;

(3)Energy
transmission projects;

(4)Professional
engineering related to energy efficiency; or

(5)Renewable
energy.

3.The
Commissioner may, within the limits of legislative appropriations or
authorizations:

(a)Employ
and fix the salaries of or contract for the services of such professional,
technical and operational personnel and consultants as the execution of his
duties and the operation of the Authority may require;

(b)Employ,
or retain on a contract basis, legal counsel who shall:

(1) Be
counsel and attorney for the Commissioner and the Authority in all actions,
proceedings and hearings; and

(2)Generally
aid the Authority in the performance of its duties; and

(c)Employ
such additional personnel as may be required to carry out the duties of the
Authority, who must be in the classified service of the State.

4.A
person employed by the Commissioner pursuant to this section must be qualified
by training and experience to perform the duties of his employment.

5.The
Commissioner and the persons employed by the Commissioner shall not have any
conflict of interest relating to the performance of their duties.

(a)Provide
information to the public about issues relating to energy and to explain how
conservation of energy and its sources may be accomplished; and

(b)Work
with educational and research institutions, trade associations and any other
public and private entities in this State to create a database for information
on technological development, financing opportunities and federal and state
policy developments regarding renewable energy and energy efficiency.

2.Encourage
the development of any sources of renewable energy and any energy projects
which will benefit the State and any measures which conserve or reduce the
demand for energy or which result in more efficient use of energy, including,
without limitation, by:

(a)Identifying
appropriate areas in this State for the development of sources of renewable
energy, based on:

(1)Assessments
of solar, wind and geothermal potential;

(2)Evaluations
of natural resource constraints;

(3)Current
electric transmission infrastructure and capacity; and

(4)The
feasibility of the construction of new electric transmission lines;

(b)Working
with renewable energy developers to locate their projects within appropriate
areas of this State, including, without limitation, assisting the developers to
interact with the Bureau of Land Management, the Department of Defense and
other federal agencies in:

(1)Expediting
land leases;

(2)Resolving
site issues; and

(3)Receiving
permits for projects on public lands within the appropriate areas of this
State;

(c)Coordinating
the planning of renewable energy projects in appropriate areas of this State to
establish a mix of solar, wind and geothermal renewable energy systems that
create a reliable source of energy and maximize the use of current or future
transmission lines and infrastructure; and

(d)Developing
proposals for the financing of future electric transmission projects for
renewable energy if no such financing proposals exist.

3. Review
jointly with the Nevada System of Higher Education the policies of this State
relating to the research and development of the geothermal energy resources in
this State and make recommendations to the appropriate state and federal
agencies concerning methods for the development of those resources.

4. If the
Commissioner determines that it is feasible and cost-effective, enter into
contracts with researchers from the Nevada System of Higher Education:

(a)To
conduct environmental studies relating to the identification of appropriate
areas in this State for the development of renewable energy resources,
including, without limitation, hydrologic studies, solar resource mapping
studies and wind power modeling studies; and

(b) For the
development of technologies that will facilitate the energy efficiency of the
electricity grid for this State, including, without limitation, meters that
facilitate energy efficiency for consumers of electricity.

(a) To promote
energy projects that enhance the economic development of the State;

(b) To promote
the use of renewable energy in this State;

(c) To promote
the use of measures which conserve or reduce the demand for energy or which
result in more efficient use of energy;

(d) To develop
a comprehensive program for retrofitting public buildings in this State with
energy efficiency measures; and

(e)If the
Commissioner determines that it is feasible and cost-effective, to enter into
contracts with researchers from the Nevada System of Higher Education for the
design of energy efficiency and retrofit projects to carry out the
comprehensive program for retrofitting public buildings in this State developed
pursuant to paragraph (d).

6. Coordinate
the activities and programs of the Authority with the activities and programs
of the Office of Energy, the Consumers Advocate and the Public Utilities
Commission of Nevada, and with other federal, state and local officers and
agencies that promote, fund, administer or operate activities and programs
related to the use of renewable energy and the use of measures which conserve
or reduce the demand for energy or which result in more efficient use of
energy.

7. Carry out
all other directives concerning energy that are prescribed by the Legislature.

Sec. 1.25. The Commissioner may:

1. Administer
any gifts or grants which the Authority is authorized to accept.

2. To the
extent not inconsistent with the terms or conditions of a gift, grant,
appropriation or authorization, expend money received from those gifts or
grants or from any money received through legislative appropriations or
authorizations to contract with qualified persons or institutions for research
in the production and efficient use of energy resources.

3. Enter into
any cooperative agreement with any federal or state agency or political
subdivision.

4. Participate
in any program established by the Federal Government relating to sources of
energy and adopt regulations to carry out such a program.

5. Assist
developers of renewable energy systems in preparing and making requests to
obtain money for development through the issuance of industrial development
revenue bonds pursuant to NRS 349.400 to 349.670, inclusive.

6. Adopt any
regulations that the Commissioner determines are necessary to carry out the
duties of the Commissioner or the Authority.

7. Within the
limits of legislative appropriations and other money authorized for expenditure
for such purposes, negotiate and execute agreements with public or private
entities which are necessary to the exercise of the powers and duties of the
Commissioner or the Authority.

Sec. 1.27. 1. The State and Local Government Panel on Renewable and
Efficient Energy is hereby created.

2. The Panel
consists of the Commissioner and the following seven members appointed by the
Commissioner:

(a) A
representative of the State Public Works Board;

(b) A
representative of the Housing Division of the Department of Business and
Industry;

(c) A
representative of the Buildings and Grounds Division of the Department of
Administration;

(d) A
representative of the Department of Wildlife;

(e) A
representative of the Nevada Association of Counties or its successor
organization;

(f) A
representative of the Nevada League of Cities or its successor organization;
and

(g) A
representative of the Nevada Association of School Boards or its successor
organization.

Sec. 1.29. 1. The Commissioner is the Chairman of the Panel.

2. The members
of the Panel shall meet at the call of the Commissioner. The Panel shall
prescribe regulations for its management and government.

3. A majority
of the members of the Panel constitutes a quorum, and a quorum may exercise all
the powers conferred on the Panel.

4. The members
of the Panel serve at the pleasure of the Commissioner.

5. The members
of the Panel serve without compensation.

6. The members
of the Panel who are state employees:

(a) Must be
relieved from their duties without loss of their regular compensation to
perform their duties relating to the Panel in the most timely manner
practicable; and

(b) May not be
required to make up the time they are absent from work to fulfill their
obligations as members of the Panel or to take annual leave or compensatory
time for the absence.

Sec. 1.31. The Panel:

1. Shall
advise the Commissioner and the Authority on the viability and progress of
energy efficiency and renewable energy retrofit projects at public buildings
and schools; and

2. May
apply for any available grants and accept any gifts, grants or donations to
assist the Panel in carrying out its duties pursuant to this section.

Sec. 1.33. The Authority shall provide the personnel, facilities,
equipment and supplies required by the Panel to carry out the provisions of
sections 1.27 to 1.33, inclusive, of this act.

Sec. 1.35. 1. The New Energy Industry Task Force is hereby created.

2. The Task
Force consists of the Commissioner and the following eight members who must be
appointed by the Commissioner subject to the review and approval of the
appointments by the Legislature, or the Legislative Commission if the
Legislature is not in session:

(a) A
representative of the large-scale solar energy industry in this State;

(b) A
representative of the geothermal energy industry in this State;

(c) A
representative of the wind energy industry in this State;

(d) A
representative of the distributed generation industry, energy efficiency
equipment and installation industry or manufacturers of equipment for renewable
energy power plants in this State;

(e) A
representative of an electric utility in this State;

(f) A
representative of an organization in this State that advocates on behalf of
environmental or public lands issues who has expertise in or knowledge of
environmental or public lands issues;

(h) A
representative of an organization that represents contractors in this State.

Sec. 1.37. 1. The Commissioner is the Chairman of the Task Force.

2. The members
of the Task Force shall meet at the call of the Commissioner. The Task Force
shall prescribe regulations for its management and government.

3. A majority
of the members of the Task Force constitutes a quorum, and a quorum may
exercise all the powers conferred on the Task Force.

4. The members
of the Task Force serve at the pleasure of the Commissioner.

5. The members
of the Task Force serve without compensation.

Sec. 1.39. The Task Force:

1. Shall
advise the Commissioner and the Authority on measures to promote the development
of renewable energy and energy efficiency projects in this State; and

2. May apply
for any available grants and accept any gifts, grants or donations to assist
the Task Force in carrying out its duties pursuant to this section.

Sec. 1.41. The Authority shall provide the personnel, facilities,
equipment and supplies required by the Task Force to carry out the provisions
of sections 1.35 to 1.41, inclusive, of this act.

Sec. 1.43. NRS
701.020 is hereby amended to read as follows:

701.020 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 701.030 to 701.090,
inclusive, and sections 1.13, 1.15
and 1.17 of this act have the meanings ascribed to them in those
sections.

701.160 The Director shall prepare a report concerning
the status of energy in the State of Nevada and submit it to:

1. The Governor and the Commissioner on or before [January
30]July 1 of
each year; and

2.The Director of the Legislative Counsel Bureau for transmittal
to the next regular session of the Legislature on or before [January
30]July 1 of
each [odd-numbered]even-numbered year.

Sec. 1.49. NRS
701.170 is hereby amended to read as follows:

701.170 The Director may:

1. Administer any gifts or grants which the Office of
Energy is authorized to accept for the purposes of this chapter.

2. [Expend]To the extent not inconsistent with the
terms or conditions of a gift, grant or appropriation, expend money
received from those gifts or grants or from legislative appropriations to
contract with qualified persons or institutions for research in the production
and efficient use of energy resources.

3. Enter into any cooperative agreement with any
federal or state agency or political subdivision.

4. [Participate in any program established by
the Federal Government relating to sources of energy and adopt regulations
appropriate to that program.

5. Assist
developers of renewable energy generation projects in preparing and making
requests to obtain money for development through the issuance of industrial
development revenue bonds pursuant to NRS 349.400 to 349.670, inclusive.

6.]
Adopt any regulations that the Director determines are necessary to carry out
the duties of the Office of Energy pursuant to this chapter.

[7.]5. Within the limits of legislative
appropriations and other money authorized for expenditure for such purposes,
promote, participate in the operation of, and create or cause to be created,
any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines
is necessary or convenient for the exercise of the powers and duties of the
Office of Energy. The purposes, powers and operation of the corporation must be
consistent with the purposes, powers and duties of the Office of Energy.

[8.]6. Within the limits of legislative
appropriations and other money authorized for expenditure for such purposes,
negotiate and execute agreements with public or private entities which are
necessary to the exercise of the powers and duties of the Director or the
Office of Energy.

Sec. 1.51. NRS
701.180 is hereby amended to read as follows:

701.180 The Director shall:

1. Acquire and analyze information relating to energy
and to the supply, demand and conservation of its sources[.] , including, without limitation:

(a)Information relating to the Solar Energy Systems Incentive
Program created pursuant to NRS 701B.240 and the Wind Energy Systems
Demonstration Program created pursuant to 701B.580, including, without
limitation, information relating to:

(1) The
development of distributed generation systems in this State pursuant to
participation in the Solar Energy Systems Incentive Program;

(2) The
use of carbon-based energy in residential and commercial applications due to
participation in the Programs; and

(3) The
average cost of generation on a kilowatt-hour basis for residential and
commercial applications due to participation in the Programs; and

[4.]3. Study means of reducing wasteful,
inefficient, unnecessary or uneconomical uses of energy and encourage the
maximum utilization of existing sources of energy in the State.

[5. Encourage the development of:

(a) Any
sources of renewable energy and any other energy projects which will benefit
the State; and

(b) Any
measures which conserve or reduce the demand for energy or which result in more
efficient use of energy.

6. In
conjunction with the Desert Research Institute, review policies relating to the
research and development of the States geothermal resources and make
recommendations to the appropriate state and federal agencies for establishing
methods of developing the geothermal resources within the State.

7.]4. Solicit and serve as the
point of contact for grants and other money from the Federal Government , including, without limitation, any
grants and other money available pursuant to any program administered by the
United States Department of Energy, and other sources to [promote:] cooperate with the Commissioner and the
Authority:

(a) [Energy]To promote energy projects that enhance the
economic development of the State;

(b) [The]To promote the use of renewable energy[; and] in this State;

(c) [The]To promote the use of measures which conserve
or reduce the demand for energy or which result in more efficient use of energy[.

8.];

(d)To develop a comprehensive program for retrofitting public
buildings in this State with energy efficiency measures; and

(e)If the Commissioner determines that it is feasible and
cost-effective, to enter into contracts with researchers from the Nevada System
of Higher Education for the design of energy efficiency and retrofit projects
to carry out the comprehensive program for retrofitting public buildings in
this State developed pursuant to paragraph (d).

5. Coordinate
the activities and programs of the Office of Energy with the activities and
programs of the [Task Force,] Authority, the Consumers Advocate and the
Public Utilities Commission of Nevada , and with other federal, state and local officers
and agencies that promote, fund, administer or operate activities and programs
related to the use of renewable energy and the use of measures which conserve
or reduce the demand for energy or which result in more efficient use of
energy.

[9.]6. Carry out all other directives concerning
energy that are prescribed by the Governor.

Sec.
1.53. NRS 701.180
is hereby amended to read as follows:

701.180 The Director shall:

1. Acquire and analyze information relating to energy
and to the supply, demand and conservation of its sources, including, without
limitation:

(a) Information relating to the Solar Energy Systems
Incentive Program created pursuant to NRS 701B.240 [and the Wind Energy
Systems Demonstration Program created pursuant to 701B.580,]
including, without limitation, information relating to:

(1) The development of distributed generation
systems in this State pursuant to participation in the Solar Energy Systems
Incentive Program;

2. Review and evaluate information which identifies trends
and permits forecasting of the energy available to the State. Such forecasts
must include estimates on:

(a) The level of demand for energy in the State for 5-,
10- and 20-year periods;

(b) The amount of energy available to meet each level
of demand;

(c) The probable implications of the forecast on the
demand and supply of energy; and

(d) The sources of renewable energy and other
alternative sources of energy which are available and their possible effects.

3. Study means of reducing wasteful, inefficient,
unnecessary or uneconomical uses of energy and encourage the maximum
utilization of existing sources of energy in the State.

4. Solicit and serve as the point of contact for
grants and other money from the Federal Government, including, without
limitation, any grants and other money available pursuant to any program
administered by the United States Department of Energy, and other sources to
cooperate with the Commissioner and the Authority:

(a) To promote energy projects that enhance the economic
development of the State;

(b) To promote the use of renewable energy in this
State;

(c) To promote the use of measures which conserve or
reduce the demand for energy or which result in more efficient use of energy;

(d) To develop a comprehensive program for retrofitting
public buildings in this State with energy efficiency measures; and

(e) If the Commissioner determines that it is feasible
and cost-effective, to enter into contracts with researchers from the Nevada
System of Higher Education for the design of energy efficiency and retrofit
projects to carry out the comprehensive program for retrofitting public
buildings in this State developed pursuant to paragraph (d).

5. Coordinate the activities and programs of the
Office of Energy with the activities and programs of the Authority, the
Consumers Advocate and the Public Utilities Commission of Nevada, and with
other federal, state and local officers and agencies that promote, fund,
administer or operate activities and programs related to the use of renewable
energy and the use of measures which conserve or reduce the demand for energy
or which result in more efficient use of energy.

6. Carry out all other directives concerning energy
that are prescribed by the Governor.

Sec. 1.55. NRS
701.190 is hereby amended to read as follows:

701.190 1. The [Director]Commissioner shall
prepare a comprehensive state energy plan which provides for the promotion of:

(a) Energy projects that enhance the economic
development of the State;

(c) The use of measures which conserve or reduce the
demand for energy or which result in more efficient use of energy[.] ; and

(d)A program for the safe disposal and recycling of electronic
waste, electrical equipment and other waste, including, without limitation, a
program for the safe disposal and recycling of compact fluorescent light bulbs.

2. The comprehensive state energy plan must include
provisions for:

(a) The assessment of the potential benefits of
proposed energy projects on the economic development of the State.

(b) The education of persons and entities concerning
renewable energy and measures which conserve or reduce the demand for energy or
which result in more efficient use of energy.

(c) The creation of incentives for investment in and
the use of renewable energy and measures which conserve or reduce the demand
for energy or which result in more efficient use of energy.

(d) Grants and other money to establish programs and
conduct activities which promote:

(1) Energy projects that enhance the economic
development of the State;

(2) The use of renewable energy; [and]

(3) The use of measures which conserve or reduce
the demand for energy or which result in more efficient use of energy[.] ; and

(4)The recycling of electronic waste, electrical equipment and
other waste, including, without limitation, a program for the safe disposal and
recycling of compact fluorescent light bulbs.

(e) The development or incorporation by reference of
model and uniform building and energy codes and standards which are written in
language that is easy to understand and which include performance standards for
conservation of energy and efficient use of energy.

(f) The
promotion of the development in this State of a curriculum for a program of
renewable energy education and recycling education in kindergarten through
grade 12.

(g)The promotion of the development by institutions of higher
education in this State of research and educational programs relating to
renewable energy.

(h)Oversight and
accountability with respect to all programs and activities described in this
subsection.

[(g)] (i) Any other matter that the [Task
Force]Commissioner
determines to be relevant to the issues of energy resources,
energy use, energy conservation and energy efficiency.

Sec. 1.57. NRS
701.200 is hereby amended to read as follows:

701.200 1. The [Director]Commissioner may
recommend to state agencies, local governments and appropriate private persons
and entities, standards for conservation of energy and its sources and for
carrying out the comprehensive state energy plan.

2. In recommending such standards, the [Director]Commissioner shall
consider the usage of energy and its sources in the State and the methods
available for conservation of those sources.

1. Prepare, subject to the approval of the Governor,
petroleum allocation and rationing plans for possible energy contingencies. The
plans shall be carried out only by executive order of the Governor.

2. Carry out and administer any federal programs which
authorize state participation in fuel allocation programs.

Sec. 1.61. NRS
701.215 is hereby amended to read as follows:

701.215 1.
The Director shall prepare a state energy reduction plan which
requires state agencies, departments and other entities in the Executive Branch
to reduce grid-based energy purchases for state-owned buildings by 20 percent
by 2015.

2. In
accordance with, and out of any money received pursuant to, the American
Recovery and Reinvestment Act of 2009, Public Law 111-5, the Interim Finance
Committee may determine an amount of money to be used by the Director to
fulfill the requirements of subsection 1.

3. The
Director:

(a) Shall
use any amount of money provided pursuant to subsection 2 to fulfill the
requirements of subsection 1;

(b) May
fulfill the requirements of subsection 1 by contracting with one or more
qualified independent consultants; and

(1) Indicate
the general progress of energy reduction in state buildings; and

(2) Identify
any state agency that fails to cooperate with the Director in the design or
implementation of the plan prepared pursuant to subsection 1.

Sec. 1.63. NRS
701.220 is hereby amended to read as follows:

701.220 1. The [Director]Commissioner shall
adopt regulations for the conservation of energy in buildings, including
manufactured homes. Such regulations must include the adoption of the most
recent version of the International Energy Conservation Code, issued by
the International Code Council, and any amendments to the Code that will
not materially lessen the effective energy savings requirements of the Code
and are deemed necessary to support effective compliance and enforcement of the
Code, and must establish the minimum standards for:

(a) The construction of floors, walls, ceilings and
roofs;

(b) The equipment and systems for heating, ventilation
and air-conditioning;

(c) Electrical equipment and systems;

(d) Insulation; and

(e) Other factors which affect the use of energy in a
building.

Κ The
regulations must provide for the adoption of the most recent version of the International
Energy Conservation Code, and any amendments thereto, every third year.

2. The [Director]Commissioner may exempt a building from a
standard if he determines that application of the standard to the building
would not accomplish the purpose of the regulations.

3. The regulations must authorize allowances in design
and construction for sources of renewable energy used to supply all or a part
of the energy required in a building.

4. The standards adopted by the [Director]Commissioner are the
minimum standards for the conservation of energy and energy efficiency which
apply only to areas in which the governing body of the local government has not adopted standards for the conservation of
energy and energy efficiency in buildings.

government has not adopted standards for the conservation of
energy and energy efficiency in buildings. Such governing bodies shall assist
the [Director]Commissioner in the enforcement of the
regulations adopted pursuant to this section.

5. The [Director]Commissioner shall solicit comments regarding
the adoption of regulations pursuant to this section from:

(a) Persons in the business of constructing and selling
homes;

(b) Contractors;

(c) Public utilities;

(d) Local building officials; and

(e) The general public,

Κ before
adopting any regulations. The [Director]Commissioner must conduct at least three
hearings in different locations in the State, after giving 30 days notice of
each hearing, before he may adopt any regulations pursuant to this section.

Sec. 1.65. NRS
701.230 is hereby amended to read as follows:

701.230 1. In a county whose population is 100,000 or
more, a building whose construction began on or after October 1, 1983, must not
contain a system using electric resistance for heating spaces unless:

(a) The system is merely supplementary to another means
of heating;

(b) Under the particular circumstances no other primary
means of heating the spaces is a feasible or economical alternative to heating
by electric resistance; or

(c) The [Office of Energy]Authority determines that the present or
future availability of other sources of energy is so limited as to justify the
use of such a system.

2. This section does not prohibit the use of
incandescent or fluorescent lighting.

Sec. 1.67. NRS
701.240 is hereby amended to read as follows:

701.240 1. The [Director]Commissioner shall
develop a program to distribute money, within the limits of legislative
appropriation, in the form of grants, incentives or rebates to persons to pay
or defray, in whole or in part, the costs for those persons to acquire, install
or improve net metering systems, if the [Director]Commissioner determines
that the distribution of money to a person for that purpose will encourage,
promote or stimulate:

(a) The development or use of sources of renewable
energy in the State or the development of industries or technologies that use
sources of renewable energy in the State;

(b) The conservation of energy in the State, the
diversification of the types of energy used in the State or any reduction in
the dependence of the State on foreign sources of energy;

(c) The protection of the natural resources of the
State or the improvement of the environment;

(d) The enhancement of existing utility facilities or
any other infrastructure in the State or the development of new utility
facilities or any other infrastructure in the State; or

(e) The investment of capital or the expansion of
business opportunities in the State or any growth in the economy of the State.

2. The [Director]Commissioner may adopt any regulations that
are necessary to carry out the provisions of this section.

3. The [Director]Commissioner shall not distribute money to any
person pursuant to this section unless:

(a) The person complies with any requirements that the [Director]Commissioner adopts
by regulation; and

(b) The distribution of the money is consistent with
one or more of the public purposes set forth in paragraphs (a) to (e),
inclusive, of subsection 1.

4. As used in this section, person includes, without
limitation, any state or local governmental agency or entity.

Sec. 1.69. NRS
701.250 is hereby amended to read as follows:

701.250 1. The [Director]Commissioner shall
adopt regulations establishing a program for evaluating the energy consumption
of residential property in this State.

2. The regulations must include, without limitation:

(a) Standards for evaluating the energy consumption of
residential property; and

(b) Provisions prescribing a form to be used pursuant
to NRS 113.115, including, without limitation, provisions that require a
portion of the form to provide information on programs created pursuant to NRS
702.275 and other programs of improving energy conservation and energy
efficiency in residential property.

3. As used in this section:

(a) Dwelling unit means any building, structure or
portion thereof which is occupied as, or designed or intended for occupancy as,
a residence by one person who maintains a household or by two or more persons
who maintain a common household.

(b) Residential property means any land in this State
to which is affixed not less than one or more than four dwelling units.

Sec. 1.71. NRS
701.260 is hereby amended to read as follows:

701.260 1. Between January 1, 2012, and December 31,
2015, inclusive, no general purpose light may be sold in this State unless it
produces at least 25 lumens per watt of electricity consumed.

2. On and after January 1, 2016, no general purpose
light may be sold in this State unless it meets or exceeds the minimum standard
of energy efficiency established by the [Director]Commissioner pursuant
to subsection 3 for lumens per watt of electricity consumed.

3. The [Director]Commissioner shall adopt regulations to carry
out the provisions of this section. The regulations must, without limitation:

(a) Establish a minimum standard of energy efficiency
for lumens per watt of electricity consumed that must be produced by general
purpose lights sold in this State on and after January 1, 2016. The minimum
standard of energy efficiency established by the [Director]Commissioner must
exceed 25 lumens per watt of electricity consumed.

(b) Attempt to minimize the overall cost to consumers
for general purpose lighting, considering the needs of consumers relating to
lighting, technological feasibility and anticipated product availability and
performance.

4. As used in this section, general purpose light
means lamps, bulbs, tubes or other devices that provide functional illumination
for indoor or outdoor use. The term does not include specialty lighting or
lighting necessary to provide illumination for persons with special needs, as
defined by the [Director]Commissioner by regulation.

Sec. 1.73. NRS
701.370 is hereby amended to read as follows:

701.370 1. The Trust Fund for Renewable Energy and
Energy Conservation is hereby created in the State Treasury.

2. The [Task Force]Authority shall administer the Fund. As
administrator of the Fund, the [Task Force:] Authority:

(a) Shall maintain the financial records of the Fund;

(b) Shall invest the money in the Fund as the money in
other state funds is invested;

(c) Shall manage any account associated with the Fund;

(d) Shall maintain any instruments that evidence
investments made with the money in the Fund;

(e) May contract with vendors for any good or service
that is necessary to carry out the provisions of this section; and

(f) May perform any other duties that are necessary to
administer the Fund.

3. The interest and income earned on the money in the
Fund must, after deducting any applicable charges, be credited to the Fund. All
claims against the Fund must be paid as other claims against the State are
paid.

4. Not more than 2 percent of the money in the Fund
may be used to pay the costs of administering the Fund.

5. The money in the Fund remains in the Fund and does
not revert to the State General Fund at the end of any fiscal year.

6. All money that is deposited or paid into the Fund
may only be expended pursuant to an allocation made by the [Task Force.]Authority. Money
expended from the Fund must not be used to supplant existing methods of funding
that are available to public agencies.

Sec. 1.75. NRS
701.380 is hereby amended to read as follows:

701.380 1. The [Task Force]Authority shall:

(a) [Advise the Office of Energy in:

(1) The
development and periodic review of the comprehensive state energy plan with
regard to the use of renewable energy and the use of measures which conserve or
reduce the demand for energy or which result in more efficient use of energy.

(2) The
distribution of money to persons pursuant to NRS 701.240 to pay or defray, in
whole or in part, the costs for those persons to acquire, install or improve
net metering systems.

(b)]
Coordinate its activities and programs with the activities and programs of the
Office of Energy, the Consumers Advocate and the Public Utilities Commission
of Nevada , and with other federal, state
and local officers and agencies that promote, fund, administer or operate
activities and programs related to the use of renewable energy and the use of
measures which conserve or reduce the demand for energy or which result in more
efficient use of energy.

[(c)] (b) Spend the money in the Trust Fund for
Renewable Energy and Energy Conservation to:

(1) Educate persons and entities concerning
renewable energy and measures which conserve or reduce the demand for energy or
which result in more efficient use of energy.

(2) Create incentives for investment in and the
use of renewable energy and measures which conserve or reduce the demand for
energy or which result in more efficient use of energy.

(3) Distribute grants and other money to
establish programs and projects which incorporate the use of renewable energy
and measures which conserve or reduce the demand for energy or which result in
more efficient use of energy.

(4) Conduct feasibility studies, including,
without limitation, any feasibility studies concerning the establishment or
expansion of any grants, incentives, rebates or other programs to enable or
assist persons to reduce the cost of purchasing distributed generation systems and on-site
generation systems[,]and net metering
systems [and distributed generation systems] that
use renewable energy.

[(d)] (c) Take any other actions that the [Task
Force]Authority
deems necessary to carry out its duties, including, without
limitation, contracting with consultants, if necessary, for the purposes of
program design or to assist the [Task Force]Authority in carrying out its duties.

2. The [Task Force]Authority shall prepare an annual report
concerning its activities and programs and submit the report to the Legislative
Commission and the Governor on or before January 30 of each year. The annual
report must include, without limitation:

(a) A description of the objectives of each activity
and program;

(b) An analysis of the effectiveness and efficiency of
each activity and program in meeting the objectives of the activity or program;

(c) The amount of money distributed for each activity
and program from the Trust Fund for Renewable Energy and Energy Conservation
and a detailed description of the use of that money for each activity and
program;

(d) An analysis of the coordination between the [Task
Force]Authority
and other officers and agencies; and

(e) Any changes planned for each activity and program.

3. As used in this section[, distributed]:

(a)Distributed generation system means a
facility or system for the generation of electricity that is in close proximity
to the place where the electricity is consumed[.] :

(1) That
uses renewable energy as defined in NRS 704.7811 to generate electricity;

(2) That
is located on the property of a customer of an electric utility;

(3) That
is connected on the customers side of the electricity meter;

(4) That
provides electricity primarily to offset customer load on that property; and

(5) The
excess generation from which is periodically exported to the grid in accordance
with the provisions governing net metering systems used by customer-generators
pursuant to NRS 704.766 to 704.775, inclusive.

(b) Electric
utility has the meaning ascribed to it in NRS 704.7571.

Secs. 1.77 and 1.79. (Deleted by amendment.)

Sec. 1.81. Chapter
701B of NRS is hereby amended by adding thereto the provisions set forth as
sections 1.83 to 1.95, inclusive, of this act.

Secs. 1.83-1.87. (Deleted by amendment.)

Sec. 1.89. Distributed generation system means a system or facility
for the generation of electricity:

1. That uses
solar energy to generate electricity;

2. That is
located on the property of a customer of an electric utility;

3. That is
connected on the customers side of the electricity meter;

4. That
provides electricity primarily to offset customer load on that property; and

5. The excess
generation from which is periodically exported to the grid in accordance with
the provisions governing net metering systems used by customer-generators
pursuant to NRS 704.766 to 704.775, inclusive.

Sec. 1.9. 1.The installation of a solar energy system on
property owned or occupied by a public body pursuant to this section and NRS
701B.010 to 701B.290, inclusive, and sections 1.89 and 1.91 of this act shall
be deemed to be a public work for the purposes of chapters 338 and 341 of NRS,
regardless of whether the installation of the solar energy system is financed
in whole or in part by public money.

2. The amount
of any incentive issued by a utility relating to the installation of a solar
energy system on property owned or occupied by a public body may not be used to
reduce the cost of the project to an amount which would exempt the project from
the requirements of NRS 338.020 to 338.090, inclusive.

3.As used in this section,
public body means the State or a county, city, town, school district or any
public agency of this State or its political subdivisions.

Sec. 1.91. 1.After reviewing an
application submitted pursuant to NRS 701B.250 and ensuring that the applicant
meets the qualifications and requirements to be eligible to participate in the
Solar Program, a utility may select the applicant for participation in the
Solar Program.

2. Not later than 30 days after the date on which the
utility selects an applicant, the utility shall provide written notice of the
selection to the applicant.

3.After the utility selects
an applicant to participate in the Solar Program, the utility may approve the
solar energy system proposed by the applicant. Upon the utilitys approval of the
solar energy system:

(a) The utility shall provide to the applicant notice
of the approval and the amount of incentive for which the solar energy system
is eligible; and

(b)The applicant may install
and energize the solar energy system.

4. Upon the completion of the installation and
energizing of the solar energy system, the participant must submit to the
utility an incentive claim form and any supporting information, including,
without limitation, a verification of the cost of the project and a calculation
of the expected system output.

5.Upon
receipt of the incentive claim form and verification that the solar energy
system is properly connected, the utility shall issue an incentive payment to
the participant.

6. The
amount of the incentive for which an applicant is eligible must be determined
on the date on which the applicant is selected for participation in the Solar
Program, except that an applicant forfeits his eligibility for that amount of
incentive if the applicant withdraws from participation in the Solar Program or
does not complete the installation of his solar energy system within 12 months
after the date on which the applicant is selected for participation in the
Solar Program. An applicant who forfeits his eligibility for the incentive for
which the applicant was originally determined to be eligible may become
eligible for an incentive only on the date on which the applicant completes the
installation of his solar energy system, and the amount of the incentive for
which such an applicant is eligible must be determined on the date on which the
applicant completes the installation of his solar energy system.

Sec. 1.92. 1.The installation of a wind energy system on
property owned or occupied by a public body pursuant to this section and NRS
701B.400 to 701B.650, inclusive, and section 1.93 of this act shall be deemed
to be a public work for the purposes of chapters 338 and 341 of NRS, regardless
of whether the installation of the wind energy system is financed in whole or
in part by public money.

2. The amount
of any incentive issued by a utility relating to the installation of a wind
energy system on property owned or occupied by a public body may not be used to
reduce the cost of the project to an amount which would exempt the project from
the requirements of NRS 338.020 to 338.090, inclusive.

3.As used in this section,
public body means the State or a county, city, town, school district or any
public agency of this State or its political subdivisions.

Sec. 1.93. 1. An applicant who wishes to
participate in the Wind Demonstration Program must submit an application to a
utility.

2. After reviewing an application submitted pursuant
to subsection 1 and ensuring that the applicant meets the qualifications and
requirements to be eligible to participate in the Program, a utility may select
the applicant for participation in the Program.

3. Not later than 30 days after the date on which the
utility selects an applicant, the utility shall provide written notice of the
selection to the applicant.

4. After the utility selects an applicant to
participate in the Program, the utility may approve the wind energy system
proposed by the applicant. Upon the utilitys approval of the wind energy
system:

(a) The utility shall provide to the applicant notice
of the approval and the amount of incentive for which the wind energy system is
eligible; and

(b) The applicant may install and energize the wind
energy system.

5. Upon
the completion of the installation and energizing of the wind energy system,
the participant must submit to the utility an incentive claim form and any
supporting information, including, without limitation, a verification of the
cost of the project and a calculation of the expected system output.

6. Upon
receipt of the incentive claim form and verification that the wind energy
system is properly connected, the utility shall issue an incentive payment to
the participant.

7. The amount of the incentive for which an
applicant is eligible must be determined on the date on which the applicant is
selected for participation in the Wind Demonstration Program, except that an
applicant forfeits his eligibility for that
amount of incentive if the applicant withdraws from participation in the
Program or does not complete the installation of his wind energy system within
12 months after the date on which the applicant is selected for participation
in the Program. An applicant who forfeits his eligibility for the incentive for
which the applicant was originally determined to be eligible may become
eligible for an incentive only on the date on which the applicant completes the
installation of his wind energy system, and the amount of the incentive for
which such an applicant is eligible must be determined on the date on which the
applicant completes the installation of his wind energy system.

Sec. 1.95. 1.An applicant who wishes to
participate in the Waterpower Demonstration Program must submit an application
to a utility.

2. After reviewing an application submitted pursuant
to subsection 1 and ensuring that the applicant meets the qualifications and
requirements to be eligible to participate in the Program, a utility may select
the applicant for participation in the Program.

3.Not later than 30 days
after the date on which the utility selects an applicant, the utility shall
provide written notice of the selection to the applicant.

4. After the utility selects an applicant to
participate in the Program, the utility may approve the waterpower energy
system proposed by the applicant. Upon the utilitys approval of the waterpower
energy system:

(a)The utility shall provide
to the applicant notice of the approval and the amount of incentive for which
the waterpower energy system is eligible; and

(b) The applicant may construct the waterpower energy
system.

5.Upon
the completion of the construction of a waterpower energy system, the
participant must submit to the utility an incentive claim form and any
supporting information, including, without limitation, a verification of the
cost of the project and a calculation of the expected system output.

6. Upon
receipt of the incentive claim form and verification that the waterpower energy
system is properly connected, the utility shall issue an incentive payment to
the participant.

7.The amount of the incentive
for which an applicant is eligible must be determined on the date on which the
applicant is selected for participation in the Waterpower Demonstration
Program, except that an applicant forfeits his eligibility for that amount of
incentive if the applicant withdraws from participation in the Program or does
not complete the construction of his waterpower energy system within 12 months
after the date on which the applicant is selected for participation in the
Program. An applicant who forfeits his eligibility for the incentive for which
the applicant was originally determined to be eligible may become eligible for
an incentive only on the date on which the applicant completes the construction
of his waterpower energy system, and the amount of the incentive for which such
an applicant is eligible must be determined on the date on which the applicant
completes the construction of his waterpower energy system.

Sec. 1.97. NRS
701B.020 is hereby amended to read as follows:

701B.020 As used in NRS 701B.010 to 701B.290,
inclusive, and sections 1.83, 1.89, 1.9 and 1.91 of this act, unless the context
otherwise requires, the words and terms defined in NRS 701B.030 to 701B.180,
inclusive, and sections 1.83 and
1.89 of this act have the meanings ascribed to them in those
sections.

Sec. 1.99. NRS
701B.080 is hereby amended to read as follows:

701B.080 Participant means a person who has been
selected by [theTask Force]a utility to participate in the Solar Program.

701B.200 The Commission shall adopt regulations
necessary to carry out the provisions of NRS 701B.010 to 701B.290, inclusive, and sections 1.83, 1.89, 1.9 and 1.91 of this act, including, without
limitation, regulations that :[establish:]

1. [The]Establish the type of incentives available to
participants in the Solar Program and the level or amount of those incentives[;] , except that the level or amount of an
incentive available in a particular program year must not be based upon whether
the incentive is for unused capacity reallocated from a past program year
pursuant to paragraph (b) of
subsection 2 of NRS 701B.260. The regulations must provide that the level or
amount of the incentives must decline over time as the cost of solar energy
systems and distributed generation systems decline.

2. [The]Establish the requirements for a utilitys
annual plan for carrying out and administering the Solar Program. A utilitys
annual plan must include, without limitation:

(a) A detailed plan for advertising the Solar Program;

(b) A detailed budget and schedule for carrying out and
administering the Solar Program;

(c) A detailed account of administrative processes and
forms that will be used to carry out and administer the Solar Program,
including, without limitation, a description of the application process and
copies of all applications and any other forms that are necessary to apply for
and participate in the Solar Program;

(d) A detailed account of the procedures that will be
used for inspection and verification of a participants solar energy system and
compliance with the Solar Program;

(e) A detailed account of training and educational
activities that will be used to carry out and administer the Solar Program; and

(f) Any other information required by the Commission.

3.Authorize
a utility to recover the reasonable costs incurred in carrying out and
administering the installation of distributed generation systems pursuant to
paragraph (b) of subsection 1 of NRS 701B.260.

Sec. 2.3. NRS
701B.210 is hereby amended to read as follows:

701B.210 The Commission shall adopt regulations that
establish:

1. The qualifications and requirements an applicant
must meet to be eligible to participate in each applicable category of:

(a) School property;

(b) Public and other property; and

(c) Private residential property and small business
property; and

2. The form and content of the master application .[whicha utilitymust submit to theTask Forcepursuant to
NRS 701B.250.]

(b) Submit an application to a utility and be selected
by the [Task Force]Commission for inclusion in the Solar Program
pursuant to NRS 701B.250 and 701B.260;

(c) When installing the solar energy system, use an
installer who has been issued a classification C-2 license with the appropriate
subclassification by the State Contractors Board pursuant to the regulations
adopted by the Board; and

(d) If the person will be participating in the Solar
Program in the category of school property or public and other property,
provide for the public display of the solar energy system, including, without
limitation, providing for public demonstrations of the solar energy system and
for hands-on experience of the solar energy system by the public.

Sec. 2.7. NRS
701B.250 is hereby amended to read as follows:

701B.250 1. If an applicant desires to participate in
the Solar Program ,[for
a program year,] the applicant must submit an application
to a utility. [If an applicant desires to participate in the category of
school property or public and other property, the applicant may submit an
application for multiple program years, not to exceed 5 years.

2.Each
year on or before the date established by the Commission, a]

2.A utility
shall review each application submitted pursuant to subsection 1 to ensure that
the applicant meets the qualifications and requirements to be eligible to
participate in the Solar Program .[andsubmit to theTask Force:

(a) The
utilitys recommendations as to which applications should be approved for
participation in the Solar Program; and

(b)A master application
containing all the applications recommended by the utility.

3. At any
time after submitting an application toa utility,an applicant may install or energize his solar energy system
if the solar energy system meets all applicable building codes and all
applicable requirements of the utility as approved by the Commission. An
applicant who installs or energizes his solar energy system under such
circumstances remains eligible to participate in the Solar Program, and the
installation or energizing of the solar energy system does not alter the
applicants status on the list of participants or the prioritized waiting list
pursuant to NRS 701B.260.]

Sec. 3. NRS
701B.260 is hereby amended to read as follows:

701B.260 1. Except as otherwise provided in this
section, the Commission may approve, for [a]:

(a)The program year[,]beginning July 1, 2009, solar
energy systems:

[(a)] (1) Totaling 2,000 kilowatts of capacity for
school property;

[(b)] (2) Totaling 760 kilowatts of capacity for
public and other property; and

[(c)] (3) Totaling 1,000 kilowatts of capacity for
private residential property and small business property[.] ; and

(b)Each program year for the period beginning July 1, 2010, and
ending on June 30, 2021, an additional 9 percent of the sum of the total
allocated capacities of all the categories described in paragraph (a) which
must be approved for distributed generation systems.

2. If the capacity allocated to any category for a
program year is not fully subscribed by participants in that category, the
Commission may, in any combination it deems appropriate:

(a) [Allow a utility to submit additional applications to theTask Forcefrom applicants who want to participate in that category;or

(b)]
Reallocate any of the unused capacity in that category to any of the other
categories[,] ; or

(b)Reallocate
any of the unused capacity in that category to future program years within the
same category.

[Κ but in no case may the sum of the
allocated total capacities of all the categories be greater than 3,760
kilowatts, which is the sum of the approvable total capacities of all the
categories as described in subsection 1.]

3. To promote the installation of solar energy systems
on as many school properties as possible, the Commission may not approve for
use in the Solar Program a solar energy system having a generating capacity of
more than 50 kilowatts if the solar energy system is or will be installed on
school property on or after July 1, 2007, unless the Commission determines that
approval of a solar energy system with a greater generating capacity is more
practicable for a particular school property.

4. [After reviewing the master application submitted bya utilitypursuant to NRS 701B.250 and ensuring that each applicant
meets the qualifications and requirements to be eligible to participate in the
Solar Program, theTask Forceshall:

(a) Within
the limits of the capacity allocated to each category, select applicants to be
participants in the Solar Program and place those applicants on a list of
participants; and

(b) Select
applicants to be placed on a prioritized waiting list to become participants in
the Solar Program if any capacity within a category becomes available.

5. Not
later than 30 days after the date on which theTask Forceselects an applicant to be on the list of participants or the
prioritized waiting list,the utility which submitted the application to the Task Force
on behalf of the applicantshall provide
written notice of the selection to the applicant.

6. After
theTask Forceselects an applicant to be on the list of
participants, theutility which submitted the application to the Task Force on
behalf of the applicantmay approve the
solar energy system proposed by the applicant. Except as otherwise provided in
subsection3of NRS 701B.250, immediately upon theutilitysapproval of the solar energy system, the applicant may
install and energize the solar energy system.]The
Commission shall not authorize the payment of an incentive for the installation
of a solar energy system or distributed generation system if:

(a)For the period beginning July 1, 2010, and ending June 30,
2013, inclusive, the payment of the incentive would cause the total amount of
incentives paid by a utility for the installation of solar energy systems and distributed generation systems to exceed $78,260,000; and

(b)For the
period beginning July 1, 2010, and ending June 30, 2021, the payment of the
incentive would cause the total amount of incentives paid by a utility for the
installation of solar energy systems and distributed generation systems to
exceed $255,270,000.

Sec. 4. (Deleted by amendment.)

Sec. 4.3. NRS
701B.410 is hereby amended to read as follows:

701B.410 As used in NRS 701B.400 to 701B.650,
inclusive, and sections 1.85, 1.92 and 1.93 of this act, unless the context
otherwise requires, the words and terms defined in NRS
701B.420 to 701B.560, inclusive, and section 1.85 of this act have the
[meaning] meanings ascribed to them in those sections.

(a) Meet the qualifications established by the
Commission pursuant to NRS 701B.590;

(b) [Submit an application toa utilityand be selected by theTask Forcefor inclusion in the Program pursuant to NRS 701B.610 and
701B.620;

(c)]
When installing the wind energy system, use an installer who has been issued a
classification C-2 license with the appropriate subclassification by the State
Contractors Board pursuant to the regulations adopted by the Board; and

[(d)](c) If the person will be participating in the
Program in the category of school property or other public property, provide
for the public display of the wind energy system, including, without
limitation, providing for public demonstrations of the wind energy system and
for hands-on experience of the wind energy system by the public.

Sec. 5. NRS
701B.590 is hereby amended to read as follows:

701B.590 The Commission shall adopt regulations
necessary to carry out the provisions of the Wind Energy Systems Demonstration
Program Act, including, without limitation, regulations that establish:

1. The [qualifications and requirements an applicant must meet to be
eligible to participate in the Program in each particular category of:

(a) School
property;

(b) Other
public property;

(c) Private
residential property and small business property; and

(d) Agricultural
property.

2. The
type of incentives available to participants in the Program and the level or
amount of those incentives.

3. The
requirements for a utilitys annual plan for carrying out and administering the
Program. A utilitys annual plan must include, without limitation:

(a) A
detailed plan for advertising the Program;

(b) A
detailed budget and schedule for carrying out and administering the Program;

(c) A
detailed account of administrative processes and forms that will be used to
carry out and administer the Program, including, without limitation, a
description of the application process and copies of all applications and any
other forms that are necessary to apply for and participate in the Program;

(d) A
detailed account of the procedures that will be used for inspection and
verification of a participants wind energy system and compliance with the
Program;

(e) A
detailed account of training and educational activities that will be used to
carry out and administer the Program; and

(f) Any
other information required by the Commission.] capacity goals for the Program, which
must be designed to meet the goal of the Legislature of the installation of not
less than 5 megawatts of wind energy systems in this State by 2012 and the
goals for each category of the Program.

2. A
system of incentives that are based on rebates that decline as the capacity
goals for the Program and the goals for each category of the Program are met.
The rebates must be based on predicted energy savings.

3.The procedure for claiming
incentives, including, without limitation, the form and content of the
incentive claim form.

Sec. 5.5. NRS
701B.610 is hereby amended to read as follows:

701B.610 1. On or before February 1, 2008, and on or
before February 1 of each year thereafter, each utility shall file with the
Commission its annual plan for carrying out and administering the Wind
Demonstration Program within its service area for the following program year.

2. On or before July 1, 2008, and on or before July 1
of each year thereafter, the Commission shall:

(a) Review the annual plan filed by each utility for
compliance with the requirements established by regulation; and

(b) Approve the annual plan with such modifications and
upon such terms and conditions as the Commission finds necessary or appropriate
to facilitate the Program.

[3.On or before November 1, 2008, and on or before November 1 of
each year thereafter,each utilityshall
submit to theTask
Forcetheutilitysrecommendations as to which applications received by theutilityshould be approved for participation in the Program. TheTask Forceshall review the applications to ensure that each applicant
meets the qualifications and requirements to be eligible to participate in the
Program.

4.Except as otherwise provided
in NRS 701B.620, theTask Forcemay approve,
from among the applications recommended by each utility, wind energy systems totaling:

(a)For the
program year beginning July 1, 2008:

(1)500
kilowatts of capacity for school property;

(2)500
kilowatts of capacity for other public property;

(3)700
kilowatts of capacity for private residential property and small business property;
and

(4)700
kilowatts of capacity for agricultural property.

(b)For the
program year beginning July 1, 2009:

(1)An
additional 250 kilowatts of capacity for school property;

(2)An
additional 250 kilowatts of capacity for other public property;

(3)An
additional 350 kilowatts of capacity for private residential property and small
business property; and

701B.700 NRS 701B.700 to [701B.890,]701B.880, inclusive, and sections 1.87 and 1.95 of this act
may be cited as the Waterpower Energy Systems Demonstration Program Act.

Sec. 7.3. NRS
701B.710 is hereby amended to read as follows:

701B.710 As used in NRS 701B.700 to [701B.890,]701B.880, inclusive,
and sections 1.87 and 1.95 of this
act, unless the context otherwise requires, the words and terms
defined in NRS 701B.720 to 701B.810, inclusive, and section 1.87 of this act have the
meanings ascribed to them in those sections.

Sec. 7.4. NRS
701B.740 is hereby amended to read as follows:

701B.740Participant means a person who has been selected by [the
Commission]a
utility to participate in the Waterpower Demonstration Program.

2. The Waterpower Demonstration Program is created for
agricultural uses.

3. To be eligible to participate in the Waterpower
Demonstration Program, a person must meet the qualifications established
pursuant to subsection 4 ,[and] apply to a utility and be selected by the [Task
Force]utility
for inclusion in the Waterpower Demonstration Program.

4. The Commission shall adopt regulations providing
for the qualifications an applicant must meet to qualify to participate in the
Waterpower Demonstration Program.

Sec. 7.7. NRS
701B.830 is hereby amended to read as follows:

701B.830 [The Task Force]Each utility is responsible for the
administration and delivery of the Waterpower Demonstration Program as approved
by the Commission.

Sec. 8. NRS
701B.840 is hereby amended to read as follows:

701B.840 The Commission shall adopt regulations that
establish:

1. The [level, amount and type of incentives available for
participants in the Waterpower Demonstration Program.

2. The
requirements for an annual plan for the administration and delivery of the
Waterpower Demonstration Program. The requirements for an annual plan must
include, without limitation:

(a) An
advertising plan;

(b) A
detailed budget;

(c) A
schedule;

(d) Administrative
processes, including, without limitation, a copy of the application and process
for accepting applications;

(e) An
inspection and verification process;

(f) Proposed
training and educational activities; and

(g) Any
other information required by the Commission.]capacity goals for the Program, which
must be designed to meet the goal of the Legislature
of the installation of not less than 500 kilowatts of waterpower energy systems
in this State by 2012 and the goals for each category of the Program.

Legislature of
the installation of not less than 500 kilowatts of waterpower energy systems in
this State by 2012 and the goals for each category of the Program.

2. A
system of incentives that are based on rebates that decline as the capacity
goals for the Program and the goals for each category of the Program are met.
The rebates must be based on predicted energy savings.

3.The procedure for claiming
incentives, including, without limitation, the form and content of the
incentive claim form.

Sec. 9. NRS
701B.850 is hereby amended to read as follows:

701B.850 1. On or before February 21, 2008, and on or
before February 1 of each subsequent year, each utility shall file with the
Commission for approval an annual plan for the administration and delivery of
the Waterpower Demonstration Program for the program year beginning July 1,
2008, and each subsequent year thereafter.

2. On or before July 1, 2008, and on or before each
July 1 of each subsequent year, the Commission shall review the annual plan for
compliance with the requirements set forth by regulation of the Commission.

[3.On or before November 1, 2008, and on or before November 1 of
each subsequent year,each utilityshall
submit to theTask
Force a recommendationof which
applications received should be accepted into the program. TheTask Forceshall review the applications to ensure that the applicant
meets the requirements adopted pursuant to subsection 4 of NRS 701B.820.

4. The Task
Force may approve, from among the applications recommended by each utility,
waterpower energy systems totaling:

(a) For the
program year beginning July 1, 2008, 200 kilowatts of capacity;

(b) For the
program year beginning July 1, 2009, an additional 100 kilowatts of capacity;
and

(c) For the
program year beginning July 1, 2010, an additional 100 kilowatts of capacity.]

Sec. 10. (Deleted by amendment.)

Sec. 11. NRS
702.275 is hereby amended to read as follows:

702.275 1. [At the beginning ofa]Before the end of each fiscal
year, the Division of Welfare and
Supportive Services shall submit a report to the Director of the Legislative
Counsel Bureau for transmittal to the Senate Standing Committee on Finance and
the Assembly Standing Committee on Ways and Means during a regular or special
session of the Legislature, or the Interim Finance Committee when the
Legislature is not in session, which specifies the amount of all money in the
Fund which was allocated to the Division of Welfare and Supportive Services
during all preceding fiscal years pursuant to NRS 702.260 and which remains
unspent and unencumbered.

2.Based upon the report submitted pursuant to subsection 1 and
any other information available, the Senate Standing Committee on Finance or
the Assembly Standing Committee on Ways and Means during a regular or special
session of the Legislature, or the Interim Finance Committee when the
Legislature is not in session, may require the Division of Welfare and
Supportive Services to distribute not more than 30 percent of all the money in the Fund
which was allocated to the Division of Welfare and Supportive Services during [the]all preceding fiscal
[year]years pursuant to NRS 702.260 and which
remains unspent and unencumbered [must be distributed] to the Housing Division for [a program of improving energy
conservation and energy efficiency in residential property.]

to the Housing Division for [a program of improving
energy conservation and energy efficiency in residential property.]the programs authorized by NRS
702.270. The Housing Division may use not more than 6 percent of
the money distributed pursuant to this section for its administrative expenses.

[2. Except as otherwise provided in NRS 702.150, after
deduction for its administrative expenses, the Housing Division may use the
money distributed pursuant to this section only to provide a qualified
purchaser of residential property which has received a deficient evaluation on
the energy consumption of the residential property pursuant to the program
established in NRS 701.250 with a grant to pay for improvements designed to
increase the energy conservation and energy efficiency of the residential
property or to assist an eligible household in acquiring such improvements.

3. To be
eligible to receive assistance from the Housing Division pursuant to this
section:

(a) The
purchaser of the residential property must have a household income that is not
more than 80 percent of the median gross family income for the county in which
the property is located, based upon the estimates of the United States
Department of Housing and Urban Development of the most current median gross family
income for that county; and

(b) The
residential property must not meet the standards for energy consumption
established pursuant to NRS 701.250.

4. The
Housing Division shall adopt regulations to carry out and enforce the
provisions of this section.

5. In
carrying out the provisions of this section, the Housing Division shall:

(a) Solicit
advice from the Division of Welfare and Supportive Services and from other
knowledgeable persons;

(b) Identify
and implement appropriate delivery systems to distribute money from the Fund
and to provide other assistance pursuant to this section;

(c) Coordinate
with other federal, state and local agencies that provide energy assistance or
conservation services to low-income persons and, to the extent allowed by federal
law and to the extent practicable, use the same simplified application forms as
those other agencies;

(d) Encourage
other persons to provide resources and services, including, to the extent
practicable, schools and programs that provide training in the building trades
and apprenticeship programs;

(e) Establish
a process for evaluating the program conducted pursuant to this section;

(f) Develop
a process for making changes to the program; and

(g) Engage
in annual planning and evaluation processes with the Division of Welfare and
Supportive Services as required by NRS 702.280.]

Sec. 11.1. NRS
703.130 is hereby amended to read as follows:

703.130 1. The Commission shall appoint a Deputy
Commissioner who shall serve in the unclassified service of the State.

2. The Commission shall appoint a Secretary who shall
perform such administrative and other duties as are prescribed by the
Commission. The Commission shall also appoint an Assistant Secretary.

3. The
Commission shall, within the limits of legislative appropriations or
authorizations, employ and fix the salaries of or contract for the services of such professional, technical and
operational personnel and consultants as the execution of its duties and the
operation of the Commission may require.

for the services
of such professional, technical and operational personnel and consultants as
the execution of its duties and the operation of the Commission may require.

4.The Commission may
employ such other clerks, experts or engineers as may be necessary.

[4.]5. Except as otherwise provided in subsection
[5,]6, the Commission:

(a) May appoint one or more hearing officers for a
period specified by the Commission to conduct proceedings or hearings that may
be conducted by the Commission pursuant to NRS 702.160 and 702.170 and chapters
704, 704A, 704B, 705, 708 and 711 of NRS.

(b) Shall prescribe by regulation the procedure for
appealing a decision of a hearing officer to the Commission.

[5.]6. The Commission shall not appoint a hearing officer to conduct
proceedings or hearings:

(a) In any matter pending before the Commission
pursuant to NRS 704.7561 to 704.7595, inclusive; or

(b) In any matter pending before the Commission
pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has
filed a general rate application or an annual deferred energy accounting
adjustment application.

[6.]7. As used in this section, electric utility has the meaning
ascribed to it in NRS 704.187.

Sec. 11.2. Chapter
704 of NRS is hereby amended by adding thereto the provisions set forth as
sections 11.25 and 11.3 of this act.

Sec. 11.25. 1.The Commission shall adopt regulations
requiring each electric utility to disclose to its retail customers information
about the safe disposal and recycling of electronic waste, electrical systems
and other waste, including, without limitation, compact fluorescent light
bulbs, in accordance with the comprehensive state energy plan established by
the Nevada Energy Commissioner pursuant to NRS 701.190. The disclosure must:

(a)Be in a
standard, uniform format established by the Commission by regulation; and

(b)Be
included:

(1)At
least two times each calendar year, as an insert in the bills that the electric
utility sends to its retail customers; and

(2)If the
electric utility maintains a website on the Internet or any successor to the
Internet, on that website.

2.As used in this section,
electric utility has the meaning ascribed to it in NRS 704.187.

Sec. 11.3.1.The Commission
shall adopt regulations authorizing an electric utility to recover an amount based on the measurable and
verifiable effects of the implementation by the electric utility of energy efficiency and
conservation programs approved by the Commission,
which:

(a)Must
include:

(1) The costs
reasonably incurred by the electric utility in implementing and administering
the energy efficiency and conservation programs; and

(2) Any financial
disincentives relating to other supply alternatives caused or created by the
reasonable implementation of the energy efficiency and conservation programs;
and

(b) May include any financial incentives to support the promotion of the
participation of the customers of the electric utility in the energy efficiency
and conservation programs.

2.When
considering whether to approve an energy efficiency or conservation program
proposed by an electric utility as part of a plan filed pursuant to NRS
704.741, the Commission shall consider the effect of any recovery by the
electric utility pursuant to this section on the rates of the customers of the
electric utility.

3.The
regulations adopted pursuant to this section must not:

(a)Affect
the electric utilitys incentives and allowed returns in areas not affected by the
implementation of energy efficiency and conservation programs; or

(b) Authorize
the electric utility to earn more than the rate of return authorized by the
Commission in the most recently completed rate case of the electric utility.

4. As used in this section, electric utility has the meaning
ascribed to it in NRS 704.187.

Sec. 11.5. NRS
704.021 is hereby amended to read as follows:

704.021 Public utility or utility does not
include:

1. Persons engaged in the production and sale of
natural gas, other than sales to the public, or engaged in the transmission of
natural gas other than as a common carrier transmission or distribution line or
system.

2. Persons engaged in the business of furnishing, for
compensation, water or services for the disposal of sewage, or both, to persons
within this State if:

(a) They serve 25 persons or less; and

(b) Their gross sales for water or services for the
disposal of sewage, or both, amounted to $25,000 or less during the immediately
preceding 12 months.

3. Persons not otherwise engaged in the business of
furnishing, producing or selling water or services for the disposal of sewage,
or both, but who sell or furnish water or services for the disposal of sewage,
or both, as an accommodation in an area where water or services for the
disposal of sewage, or both, are not available from a public utility,
cooperative corporations and associations or political subdivisions engaged in
the business of furnishing water or services for the disposal of sewage, or both,
for compensation, to persons within the political subdivision.

4. Persons who are engaged in the production and sale
of energy, including electricity, to public utilities, cities, counties or
other entities which are reselling the energy to the public.

5. Persons who are subject to the provisions of NRS
590.465 to 590.645, inclusive.

6. Persons who are engaged in the sale or use of
special fuel as defined in NRS 366.060.

7. Persons who provide water from water storage,
transmission and treatment facilities if those facilities are for the storage,
transmission or treatment of water from mining operations.

8. Persons who are video service providers, as defined
in NRS 711.151, except for those operations of the video service provider which
consist of providing a telecommunication service to the public, in which case
the video service provider is a public utility only with
regard to those operations of the video service provider which consist of
providing a telecommunication service to the public.

service provider is a public utility only with regard to
those operations of the video service provider which consist of providing a
telecommunication service to the public.

9.Persons who for compensation own or operate individual
systems which use renewable energy to generate electricity and sell the
electricity generated from those systems to not more than one customer of the
public utility per individual system if each individual system is:

(a) Located
on the premises of another person;

(b) Used
to produce not more than 150 percent of that other persons requirements for
electricity on an annual basis for the premises on which the individual system
is located; and

(c) Not
part of a larger system that aggregates electricity generated from renewable
energy for resale or use on premises other than the premises on which the
individual system is located.

Κ As
used in this subsection, renewable energy has the meaning ascribed to it in
NRS 704.7811.

Sec. 11.7. NRS
704.033 is hereby amended to read as follows:

704.033 1. Except as otherwise provided in subsection
6, the Commission shall levy and collect an annual assessment from all public
utilities, providers of discretionary natural gas service and alternative
sellers subject to the jurisdiction of the Commission.

2. Except as otherwise provided in subsections 3 and
4, the annual assessment must be:

(a) For the use of the Commission, not more than [3.50]2.50 mills; [and]

(b) For the use of
the Consumers Advocate, not more than 0.75 mills[,] ;

(c) For
the use of the Renewable Energy and Energy Efficiency Authority, not more 0.925
mills; and

(d)For the use of the Office of Energy, not more than 0.075
mills,

Κ on each
dollar of gross operating revenue derived from the intrastate operations of
such utilities, providers of discretionary natural gas service and alternative
sellers in the State of Nevada. The total annual assessment must be not more
than 4.25 mills.

3. The levy [for] :

(a)For the use of the Consumers Advocate must
not be assessed against railroads[.] ;

(b)For the use of the Renewable Energy and Energy Efficiency
Authority must be assessed only against utilities
that provide electricity or natural gas in this State; and

(c)For the use of the Office of Energy must be assessed only
against utilities that provide electricity or
natural gas in this State.

4. The minimum assessment in any 1 year must be $100.

5. The gross operating revenue of the utilities must
be determined for the preceding calendar year. In the case of:

(a) Telecommunication providers, except as provided in
paragraph (c), the revenue shall be deemed to be all intrastate revenues.

(b) Railroads, the revenue shall be deemed to be the
revenue received only from freight and passenger intrastate movements.

(c) All public utilities, providers of discretionary
natural gas service and alternative sellers, the revenue does not include the
proceeds of any commodity, energy or service furnished to another public
utility, provider of discretionary natural gas service or alternative seller
for resale.

6. Providers of commercial mobile radio service are
not subject to the annual assessment and, in lieu thereof, shall pay to the
Commission an annual licensing fee of $200.

7.The
amount of the annual assessment which the Commission must levy and collect for
the use of the Renewable Energy and Energy Efficiency Authority pursuant to
paragraph (c) of subsection 2 and the Office of Energy pursuant to paragraph
(d) of subsection 2 must be determined by:

(a)The
Legislature if the Legislature is in session; or

(b)The
Interim Finance Committee if the Legislature is not in session.

Sec. 12. NRS
704.110 is hereby amended to read as follows:

704.110 Except as otherwise provided in NRS 704.075
and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the
Commission pursuant to NRS 704.095 or 704.097:

1. If a public utility files with the Commission an
application to make changes in any schedule, including, without limitation,
changes that will result in a discontinuance, modification or restriction of
service, the Commission shall investigate the propriety of the proposed changes
to determine whether to approve or disapprove the proposed changes. If an
electric utility files such an application and the application is a general
rate application or an annual deferred energy accounting adjustment
application, the Consumers Advocate shall be deemed a party of record.

2. Except as otherwise provided in subsection 3, if a
public utility files with the Commission an application to make changes in any
schedule, the Commission shall, not later than 210 days after the date on which
the application is filed, issue a written order approving or disapproving, in
whole or in part, the proposed changes.

3. If a public utility files with the Commission a
general rate application, the public utility shall submit with its application
a statement showing the recorded results of revenues, expenses, investments and
costs of capital for its most recent 12 months for which data were available
when the application was prepared. Except as otherwise provided in subsection
4, in determining whether to approve or disapprove any increased rates, the
Commission shall consider evidence in support of the increased rates based upon
actual recorded results of operations for the same 12 months, adjusted for
increased revenues, any increased investment in facilities, increased expenses
for depreciation, certain other operating expenses as approved by the
Commission and changes in the costs of securities which are known and are
measurable with reasonable accuracy at the time of filing and which will become
effective within 6 months after the last month of those 12 months, but the
public utility shall not place into effect any increased rates until the
changes have been experienced and certified by the public utility to the
Commission and the Commission has approved the increased rates. The Commission
shall also consider evidence supporting expenses for depreciation, calculated
on an annual basis, applicable to major components of the public utilitys
plant placed into service during the recorded test period or the period for
certification as set forth in the application. Adjustments to revenues,
operating expenses and costs of securities must be calculated on an annual
basis. Within 90 days after the date on which the certification required by
this subsection is filed with the Commission, or within the period set forth in
subsection 2, whichever time is longer, the Commission shall make such order in
reference to the increased rates as is required by this chapter.

chapter. The following public utilities shall each file a
general rate application pursuant to this subsection based on the following
schedule:

(a) An electric utility that primarily serves less
densely populated counties shall file a general rate application not later than
5 p.m. on or before the first Monday in December 2007, and at least once every
36 months thereafter.

(b) An electric utility that primarily serves densely
populated counties shall file a general rate application not later than 5 p.m.
on or before the first Monday in December 2008, and at least once every 36
months thereafter.

(c) A public utility that furnishes water for
municipal, industrial or domestic purposes or services for the disposal of
sewage, or both, which had an annual gross operating revenue of $500,000 or
more for at least 1 year during the immediately preceding 3 years and which had
not filed a general rate application with the Commission on or after July 1,
2005, shall file a general rate application on or before June 30, 2008, and at
least once every 36 months thereafter unless waived by the Commission pursuant
to standards adopted by regulation of the Commission.

(d) A public utility that furnishes water for
municipal, industrial or domestic purposes or services for the disposal of
sewage, or both, which had an annual gross operating revenue of $500,000 or
more for at least 1 year during the immediately preceding 3 years and which had
filed a general rate application with the Commission on or after July 1, 2005,
shall file a general rate application on or before June 30, 2009, and at least
once every 36 months thereafter unless waived by the Commission pursuant to
standards adopted by regulation of the Commission.

Κ The
Commission shall adopt regulations setting forth standards for waivers pursuant
to paragraphs (c) and (d) and for including the costs incurred by the public
utility in preparing and presenting the general rate application before the
effective date of any change in rates.

4. In addition to submitting the statement required pursuant
to subsection 3, a public utility may submit with its general rate application
a statement showing the effects, on an annualized basis, of all expected
changes in circumstances. If such a statement is filed, it must include all
increases and decreases in revenue and expenses which may occur within 210 days
after the date on which its general rate application is filed with the
Commission if such expected changes in circumstances are reasonably known and
are measurable with reasonable accuracy. If a public utility submits such a
statement, the public utility has the burden of proving that the expected
changes in circumstances set forth in the statement are reasonably known and
are measurable with reasonable accuracy. The Commission shall consider expected
changes in circumstances to be reasonably known and measurable with reasonable
accuracy if the expected changes in circumstances consist of specific and
identifiable events or programs rather than general trends, patterns or
developments, have an objectively high probability of occurring to the degree,
in the amount and at the time expected, are primarily measurable by recorded or
verifiable revenues and expenses and are easily and objectively calculated,
with the calculation of the expected changes relying only secondarily on
estimates, forecasts, projections or budgets. If the Commission determines that
the public utility has met its burden of proof:

(a) The Commission shall consider the statement
submitted pursuant to this subsection and evidence relevant to the statement,
including all reasonable projected or forecasted offsets
in revenue and expenses that are directly attributable to or associated with
the expected changes in circumstances under consideration, in addition to the
statement required pursuant to subsection 3 as evidence in establishing just
and reasonable rates for the public utility; and

reasonable projected or forecasted offsets in revenue and
expenses that are directly attributable to or associated with the expected
changes in circumstances under consideration, in addition to the statement
required pursuant to subsection 3 as evidence in establishing just and
reasonable rates for the public utility; and

(b) The public utility is not required to file with the
Commission the certification that would otherwise be required pursuant to
subsection 3.

5. If a public utility files with the Commission an
application to make changes in any schedule and the Commission does not issue a
final written order regarding the proposed changes within the time required by
this section, the proposed changes shall be deemed to be approved by the
Commission.

6. If a public utility files with the Commission a
general rate application, the public utility shall not file with the Commission
another general rate application until all pending general rate applications
filed by that public utility have been decided by the Commission unless, after
application and hearing, the Commission determines that a substantial financial
emergency would exist if the public utility is not permitted to file another
general rate application sooner. The provisions of this subsection do not prohibit
the public utility from filing with the Commission, while a general rate
application is pending, an application to recover the increased cost of
purchased fuel, purchased power, or natural gas purchased for resale pursuant
to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 9, any
information relating to deferred accounting requirements pursuant to NRS
704.185 or an annual deferred energy accounting adjustment application pursuant
to NRS 704.187, if the public utility is otherwise authorized to so file by
those provisions.

7. A public utility may file an application to recover
the increased cost of purchased fuel, purchased power, or natural gas purchased
for resale once every 30 days. The provisions of this subsection do not apply
to:

(a) An electric utility which is required to adjust its
rates on a quarterly basis pursuant to subsection 9; or

(b) A public utility which purchases natural gas for
resale and which adjusts its rates on a quarterly basis between annual rate
adjustment applications pursuant to subsection 8.

8. A public utility which purchases natural gas for
resale must request approval from the Commission to adjust its rates on a
quarterly basis between annual rate adjustment applications based on changes in
the public utilitys recorded costs of natural gas purchased for resale. If the
Commission approves such a request:

(a) The public utility shall file written notice with
the Commission before the public utility makes a quarterly rate adjustment
between annual rate adjustment applications. A quarterly rate adjustment is not
subject to the requirements for notice and a hearing pursuant to NRS 703.320 or
the requirements for a consumer session pursuant to subsection 1 of NRS
704.069.

(b) The public utility shall provide written notice of
each quarterly rate adjustment to its customers by including the written notice
with a customers regular monthly bill. The public utility shall begin
providing such written notice to its customers not later than 30 days after the
date on which the public utility files its written notice
with the Commission pursuant to paragraph (a).

public utility files its written notice with the Commission
pursuant to paragraph (a). The written notice that is included with a
customers regular monthly bill:

(1) Must be printed separately on
fluorescent-colored paper and must not be attached to the pages of the bill;
and

(2) Must include the following:

(I) The total amount of the increase or
decrease in the public utilitys revenues from the rate adjustment, stated in
dollars and as a percentage;

(II) The amount of the monthly increase or
decrease in charges for each class of customer or class of service, stated in
dollars and as a percentage;

(III) A statement that customers may send
written comments or protests regarding the rate adjustment to the Commission;
and

(IV) Any other information required by the
Commission.

(c) The public utility shall file an annual rate
adjustment application with the Commission. The annual rate adjustment
application is subject to the requirements for notice and a hearing pursuant to
NRS 703.320 and the requirements for a consumer session pursuant to subsection
1 of NRS 704.069.

(d) The proceeding regarding the annual rate adjustment
application must include a review of each quarterly rate adjustment and a
review of the transactions and recorded costs of natural gas included in each
quarterly rate adjustment and the annual rate adjustment application. There is
no presumption of reasonableness or prudence for any quarterly rate adjustment
or for any transactions or recorded costs of natural gas included in any quarterly
rate adjustment or the annual rate adjustment application, and the public
utility has the burden of proving reasonableness and prudence in the
proceeding.

(e) The Commission shall not allow the public utility
to recover any recorded costs of natural gas which were the result of any
practice or transaction that was unreasonable or was undertaken, managed or
performed imprudently by the public utility, and the Commission shall order the
public utility to adjust its rates if the Commission determines that any
recorded costs of natural gas included in any quarterly rate adjustment or the
annual rate adjustment application were not reasonable or prudent.

9. An electric utility shall adjust its rates on a
quarterly basis based on changes in the public utilitys recorded costs of
purchased fuel or purchased power in the following manner:

(a) An electric utility shall file written notice with
the Commission on or before August 15, 2007, and every quarter thereafter of
the quarterly rate adjustment to be made by the electric utility for the
following quarter. The first quarterly rate adjustment by the electric utility
will take effect on October 1, 2007, and each subsequent quarterly rate
adjustment will take effect every quarter thereafter. A quarterly rate
adjustment is not subject to the requirements for notice and a hearing pursuant
to NRS 703.320 or the requirements for a consumer session pursuant to
subsection 1 of NRS 704.069.

(b) Each electric utility shall provide written notice
of each quarterly rate adjustment to its customers by including the written
notice with a customers regular monthly bill. The electric utility shall begin
providing such written notice to its customers not later than 30 days after the
date on which the electric utility files a written notice
with the Commission pursuant to paragraph (a).

electric utility files a written notice with the Commission
pursuant to paragraph (a). The written notice that is included with a
customers regular monthly bill:

(1) Must be printed separately on
fluorescent-colored paper and must not be attached to the pages of the bill;
and

(2) Must include the following:

(I) The total amount of the increase or
decrease in the electric utilitys revenues from the rate adjustment, stated in
dollars and as a percentage;

(II) The amount of the monthly increase or
decrease in charges for each class of customer or class of service, stated in
dollars and as a percentage;

(III) A statement that customers may send
written comments or protests regarding the rate adjustment to the Commission;
and

(IV) Any other information required by the
Commission.

(c) An electric utility shall file an annual deferred
energy accounting adjustment application pursuant to NRS 704.187 with the
Commission. The annual deferred energy accounting adjustment application is
subject to the requirements for notice and a hearing pursuant to NRS 703.320
and the requirements for a consumer session pursuant to subsection 1 of NRS
704.069.

(d) The proceeding regarding the annual deferred energy
accounting adjustment application must include a review of each quarterly rate
adjustment and a review of the transactions and recorded costs of purchased
fuel and purchased power included in each quarterly rate adjustment and the
annual deferred energy accounting adjustment application. There is no
presumption of reasonableness or prudence for any quarterly rate adjustment or
for any transactions or recorded costs of purchased fuel and purchased power
included in any quarterly rate adjustment or the annual deferred energy
accounting adjustment application, and the electric utility has the burden of
proving reasonableness and prudence in the proceeding.

(e) The Commission shall not allow the electric utility
to recover any recorded costs of purchased fuel and purchased power which were
the result of any practice or transaction that was unreasonable or was
undertaken, managed or performed imprudently by the electric utility, and the
Commission shall order the electric utility to adjust its rates if the
Commission determines that any recorded costs of purchased fuel and purchased
power included in any quarterly rate adjustment or the annual deferred energy
accounting adjustment application were not reasonable or prudent.

10. If an electric utility files an annual deferred
energy accounting adjustment application pursuant to subsection 9 and NRS
704.187 while a general rate application is pending, the electric utility
shall:

(a) Submit with its annual deferred energy accounting
adjustment application information relating to the cost of service and rate
design; and

(b) Supplement its general rate application with the
same information, if such information was not submitted with the general rate
application.

11. A utility facility identified in a 3-year plan
submitted pursuant to NRS 704.741 and accepted by the Commission for
acquisition or construction pursuant to NRS 704.751 and the regulations adopted
pursuant thereto shall be deemed to be a prudent investment. The utility may
recover all just and reasonable costs of planning and constructing such a
facility.

12. In
regard to any rate or schedule approved or disapproved pursuant to this
section, the Commission may, after a hearing:

(a) Upon
the request of the utility, approve a new rate but delay the implementation of
that new rate:

(1) Until
a date determined by the Commission; and

(2) Under
conditions as determined by the Commission, including, without limitation, a
requirement that interest charges be included in the collection of the new
rate; and

(b) Authorize
a utility to implement a reduced rate for low-income residential customers.

13. As
used in this section:

(a) Electric utility has the meaning ascribed to it
in NRS 704.187.

(b) Electric utility that primarily serves densely
populated counties means an electric utility that, with regard to the
provision of electric service, derives more of its annual gross operating
revenue in this State from customers located in counties whose population is 400,000
or more than it does from customers located in counties whose population is
less than 400,000.

(c) Electric utility that primarily serves less
densely populated counties means an electric utility that, with regard to the
provision of electric service, derives more of its annual gross operating
revenue in this State from customers located in counties whose population is
less than 400,000 than it does from customers located in counties whose
population is 400,000 or more.

(a)Uses the electricity that it generates from renewable energy
or energy from a qualified energy recovery process in this State; or

(b) Transmits or distributes the electricity that it
generates from renewable energy or energy from a qualified energy recovery
process [via:

(1) A
power line which is dedicated to the transmission or distribution of
electricity generated from renewable energy or energy from a qualified energy
recovery process and which is connected to a facility or system owned, operated
or controlled by a provider of electric service; or

(2) A
power line which is shared with not more than one facility or energy system
generating electricity from nonrenewable energy and which is connected to a
facility or system owned, operated or controlled by a provider of electric
service.] to
a provider of electric service for delivery into and use in this State.

2. A solar energy system that reduces the consumption
of electricity or any fossil fuel.

3. A net metering system used by a customer-generator
pursuant to NRS 704.766 to 704.775, inclusive.

Sec. 13.5. NRS
704.7821 is hereby amended to read as follows:

704.7821 1. For each provider of electric service,
the Commission shall establish a portfolio standard. The portfolio standard
must require each provider to generate, acquire or save electricity from
portfolio energy systems or efficiency measures in an amount that is:

(a) For calendar years 2005 and 2006, not less than 6
percent of the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.

(b) For calendar years 2007 and 2008, not less than 9
percent of the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.

(c) For calendar years 2009 and 2010, not less than 12
percent of the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.

(d) For calendar years 2011 and 2012, not less than 15
percent of the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.

(e) For calendar years 2013 and 2014, not less than 18
percent of the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.

(f) For calendar [year]years 2015 [and
for each calendar year thereafter,]to 2019, inclusive, not less than 20 percent
of the total amount of electricity sold by the provider to its retail customers
in this State during that calendar year.

(g)For calendar years 2020 to 2024, inclusive, not less than 22
percent of the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.

(h) For
calendar year 2025 and for each calendar year thereafter, not less than 25
percent of the total amount of electricity sold by the provider to its retail
customers in this State during that calendar year.

2. Except as otherwise provided in subsection 3, in
addition to the requirements set forth in subsection 1, the portfolio standard
for each provider must require that:

(a) Of the total amount of electricity that the
provider is required to generate, acquire or save from portfolio energy systems
or efficiency measures during each calendar year, not less than [5] :

(1)Five percent of that amount must be generated
or acquired from solar renewable energy systems[.] for each calendar year up to and
including 2015; and

(2) Six
percent of that amount must be generated or acquired from solar renewable
energy systems for calendar year 2016 and for each calendar year thereafter.

(b) Of the total amount of electricity that the
provider is required to generate, acquire or save from portfolio energy systems
or efficiency measures during each calendar year, not more than 25 percent of
that amount may be based on energy efficiency measures. If the provider intends
to use energy efficiency measures to comply with its portfolio standard during
any calendar year, of the total amount of electricity saved from energy
efficiency measures for which the provider seeks to obtain portfolio energy credits
pursuant to this paragraph, at least 50 percent of that amount must be saved
from energy efficiency measures installed at service locations of residential
customers of the provider, unless a different percentage is approved by the
Commission.

(c) If the provider acquires or saves electricity from
a portfolio energy system or efficiency measure pursuant to a renewable energy
contract or energy efficiency contract with another party:

(1) The term of the contract must be not less
than 10 years, unless the other party agrees to a contract with a shorter term;
and

(2) The terms and conditions of the contract must
be just and reasonable, as determined by the Commission. If the provider is a
utility provider and the Commission approves the terms and conditions of the
contract between the utility provider and the other party, the contract and its
terms and conditions shall be deemed to be a prudent investment and the utility
provider may recover all just and reasonable costs associated with the
contract.

3. The provisions of paragraphs (b) and (c) of
subsection 2 do not apply to a provider of new electric resources pursuant to
chapter 704B of NRS with respect to its use of an energy efficiency measure
that is financed by a customer, or which is a geothermal energy system for the
provision of heated water to one or more customers and which reduces the
consumption of electricity or any fossil fuel, except that, of the total amount
of electricity that the provider is required to generate, acquire or save from
portfolio energy systems or efficiency measures during each calendar year, not
more than 25 percent of that amount may be based on energy efficiency measures.

4. If, for the benefit of one or more retail customers
in this State, the provider, or the customer of a provider of new electric
resources pursuant to chapter 704B of NRS, has paid for or directly reimbursed,
in whole or in part, the costs of the acquisition or installation of a solar
energy system which qualifies as a renewable energy system and which reduces
the consumption of electricity, the total reduction in the consumption of
electricity during each calendar year that results from the solar energy system
shall be deemed to be electricity that the provider generated or acquired from
a renewable energy system for the purposes of complying with its portfolio
standard.

5. The Commission shall adopt regulations that
establish a system of portfolio energy credits that may be used by a provider
to comply with its portfolio standard.

6. Except as otherwise provided in subsection 7, each
provider shall comply with its portfolio standard during each calendar year.

7. If, for any calendar year, a provider is unable to
comply with its portfolio standard through the generation of electricity from
its own renewable energy systems or, if applicable, through the use of
portfolio energy credits, the provider shall take actions to acquire or save
electricity pursuant to one or more renewable energy contracts or energy
efficiency contracts. If the Commission determines that, for a calendar year,
there is not or will not be a sufficient supply of electricity or a sufficient
amount of energy savings made available to the provider pursuant to renewable
energy contracts and energy efficiency contracts with just and reasonable terms
and conditions, the Commission shall exempt the provider, for that calendar
year, from the remaining requirements of its portfolio standard or from any
appropriate portion thereof, as determined by the Commission.

8. The Commission shall adopt regulations that
establish:

(a) Standards for the determination of just and
reasonable terms and conditions for the renewable energy contracts and energy
efficiency contracts that a provider must enter into to comply with its
portfolio standard.

(b) Methods to classify the financial impact of each
long-term renewable energy contract and energy efficiency contract as an
additional imputed debt of a utility provider. The regulations must allow the
utility provider to propose an amount to be added to the
cost of the contract, at the time the contract is approved by the Commission,
equal to a compensating component in the capital structure of the utility
provider.

propose an amount to be added to the cost of the contract, at
the time the contract is approved by the Commission, equal to a compensating
component in the capital structure of the utility provider. In evaluating any
proposal made by a utility provider pursuant to this paragraph, the Commission
shall consider the effect that the proposal will have on the rates paid by the
retail customers of the utility provider.

9. As used in this section:

(a) Energy efficiency contract means a contract to
attain energy savings from one or more energy efficiency measures owned,
operated or controlled by other parties.

(b) Renewable energy contract means a contract to
acquire electricity from one or more renewable energy systems owned, operated
or controlled by other parties.

(c) Terms and conditions includes, without limitation,
the price that a provider must pay to acquire electricity pursuant to a
renewable energy contract or to attain energy savings pursuant to an energy
efficiency contract.

Sec. 13.7. NRS
113.115 is hereby amended to read as follows:

113.115 1. Except as otherwise provided in subsection
3, the seller shall have the energy consumption of the residential property
evaluated pursuant to the program established in NRS 701.250.

2. Except as otherwise provided in subsection 4,
before closing a transaction for the conveyance of residential property, the
seller shall serve the purchaser with the completed evaluation required
pursuant to subsection 1, if any, on a form to be provided by the [Director
of the Office of Energy,]Nevada Energy Commissioner, as prescribed in
regulations adopted pursuant to NRS 701.250.

3. Subsection 1 does not apply to a sale or intended
sale of residential property:

(a) By foreclosure pursuant to chapter 107 of NRS.

(b) Between any co-owners of the property, spouses or
persons related within the third degree of consanguinity.

(c) By a person who takes temporary possession or
control of or title to the property solely to facilitate the sale of the
property on behalf of a person who relocates to another county, state or country
before title to the property is transferred to a purchaser.

(d) If the seller and purchaser agree to waive the
requirements of subsection 1.

4. If an evaluation of a residential property was
completed not more than 5 years before the seller and purchaser entered into
the agreement to purchase the residential property, the seller may serve the
purchaser with that evaluation.

Secs. 14-18. (Deleted by amendment.)

Sec. 18.1. Chapter
271 of NRS is hereby amended by adding thereto the provisions set forth as
sections 18.2 to 18.5, inclusive, of this act.

Sec. 18.2. Energy efficiency improvement means a modification of real
property that is designed to reduce the energy consumption of the real
property.

Sec. 18.3. Energy efficiency improvement project means the
modification of real property or the facilities or equipment on the real
property that is designed to reduce the energy consumption of the real
property.

Sec. 18.4. Renewable energy has the meaning ascribed to it in NRS
704.7811.

Sec. 18.5. Renewable energy project means real property, facilities
and equipment used to generate electricity from renewable energy to offset
customer load in whole or in part on the premises, and all appurtenances and
incidentals necessary, useful or desirable for any such real property,
facilities and equipment.

Sec. 18.7. NRS
271.030 is hereby amended to read as follows:

271.030 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 271.035 to 271.250,
inclusive, and sections 18.2 to
18.5, inclusive, of this act have the meanings ascribed to them
in those sections.

Sec. 18.9. NRS
271.265 is hereby amended to read as follows:

271.265 1. The governing body of a county, city or
town, upon behalf of the municipality and in its name, without any election,
may from time to time acquire, improve, equip, operate and maintain, within or
without the municipality, or both within and without the municipality:

(a) A commercial area vitalization project;

(b) A curb and gutter project;

(c) A drainage project;

(d) An
energy efficiency improvement project;

(e)An off-street parking
project;

[(e)] (f) An overpass project;

[(f)] (g) A park project;

(h)A public safety project;

(i)A renewable energy project;

[(g)] (j) A sanitary sewer project;

[(h)] (k) A security wall;

[(i)] (l) A sidewalk project;

[(j)] (m) A storm sewer project;

[(k)] (n) A street project;

[(l)] (o) A street beautification project;

[(m)] (p) A transportation project;

[(n)] (q) An underpass project;

[(o)] (r) A water project; and

[(p)] (s) Any combination of such projects.

2. In addition to the power specified in subsection 1,
the governing body of a city having a commission form of government as defined
in NRS 267.010, upon behalf of the municipality and in its name, without any
election, may from time to time acquire, improve, equip, operate and maintain,
within or without the municipality, or both within and without the
municipality:

(a) An electrical project;

(b) A telephone project;

(c) A combination of an electrical project and a
telephone project;

(d) A combination of an electrical project or a
telephone project with any of the projects, or any combination thereof,
specified in subsection 1; and

(e) A combination of an electrical project and a
telephone project with any of the projects, or any combination thereof,
specified in subsection 1.

3. In addition to the power specified in subsections 1
and 2, the governing body of a municipality, on behalf of the municipality and
in its name, without an election, may finance an underground conversion project
with the approval of each service provider that owns the
overhead service facilities to be converted.

with the approval of each service provider that owns the
overhead service facilities to be converted.

4. In addition to the power specified in subsections
1, 2 and 3, if the governing body of a municipality in a county whose
population is less than 400,000 complies with the provisions of NRS 271.650,
the governing body of the municipality, on behalf of the municipality and in
its name, without any election, may from time to time acquire, improve, equip,
operate and maintain, within or without the municipality, or both within and
without the municipality:

(a) An art project; and

(b) A tourism and entertainment project.

Sec. 19. NRS
331.095 is hereby amended to read as follows:

331.095 1. The Chief shall establish a program to
track the use of energy in buildings owned by the State and [may
establish such a program, where appropriate, for]in other buildings whichare occupied by a state agency[.] and whose owners comply with the
program pursuant to subsection 6.

2. The program established pursuant to this section
must:

(a) Record utility bills for each building for each
month and preserve those records indefinitely;

(b) Allow for the comparison of utility bills for a
building from month to month and year to year;

(c) Allow for the comparison of utility bills between
buildings, including comparisons between similar buildings or types of
buildings;

(d) Allow for adjustments to the information based upon
variations in weather conditions, the length of the billing period and other
changes in relevant conditions;

3. The Chief may apply for any available grants and
accept any gifts, grants or donations to assist in establishing and carrying
out the program.

4. In
accordance with, and out of any money received pursuant to, the American
Recovery and Reinvestment Act of 2009, Public Law 111-5, the Interim Finance
Committee may determine an amount of money to be used by the Chief to fulfill
the requirements of subsection 1.

5. To
the extent that there is not sufficient money available for the support of the
program, each state agency that occupies a building in which the use of energy
is tracked pursuant to the program shall reimburse the Buildings and Grounds
Division for the agencys proportionate share of the unfunded portion of the
cost of the program. The reimbursement must be based upon the energy
consumption of the respective state agencies that occupy buildings in which the
use of energy is tracked.

6. Notwithstanding
any other provision of law, an owner of a building who enters into a contract
with a state agency for occupancy in his building:

(a) If the
contract is entered into before the effective date of this act, may comply with
the program; and

(b) If the
contract is entered into on or after the effective date of this act, shall, to
the extent practicable as determined by the Chief, comply with the program.

Κ If an owner chooses not to comply
with the program pursuant to paragraph (a), a state or local agency shall not,
after the effective date of this act, enter into a contract for occupancy of a
building owned by the owner, except that the Chief may authorize a state or
local agency to enter into a contract for the occupancy of a building owned by
an owner who does not comply with the program if the Chief determines that it
is impracticable for the owner to comply with the program.

Sec. 19.1. NRS
332.430 is hereby amended to read as follows:

332.430 A qualified service company shall provide to
the [Office of Energy within the Office of the Governor]Renewable Energy and Energy
Efficiency Authority information concerning each performance
contract which the qualified service company enters into pursuant to NRS
332.300 to 332.440, inclusive, including, without limitation, the name of the
project, the local government for which the project is being carried out and
the expected operating cost savings. The [Office of Energy]Renewable Energy and Energy
Efficiency Authority may report any energy savings realized as a
result of such performance contracts to the United States Department of Energy
pursuant to 42 U.S.C. § 13385.

Sec. 19.2. NRS
333A.080 is hereby amended to read as follows:

333A.080 1. The State Public Works Board shall
determine those companies that satisfy the requirements of qualified service
companies for the purposes of this chapter. In making such a determination, the
State Public Works Board shall enlist the assistance of the staffs of the [Office
of Energy within the Office of the Governor,]the Renewable Energy and Energy
Efficiency Authority, the Buildings and Grounds Division of the
Department of Administration and the Purchasing Division of the Department of
Administration. The State Public Works Board shall prepare and issue a request
for qualifications to not less than three potential qualified service
companies.

2. In sending out a request for qualifications, the
State Public Works Board:

(a) Shall attempt to identify at least one potential
qualified service company located within this State; and

(b) May consider whether and to what extent the
companies to which the request for qualifications will be sent will use local
contractors.

3. The State Public Works Board shall adopt, by
regulation, criteria to determine those companies that satisfy the requirements
of qualified service companies. The criteria for evaluation must include,
without limitation, the following areas as substantive factors to assess the
capability of such companies:

(a) Design;

(b) Engineering;

(c) Installation;

(d) Maintenance and repairs associated with performance
contracts;

(e) Experience in conversions to different sources of
energy or fuel and other services related to operating cost-savings measures
provided that is done in association with a comprehensive energy, water or
waste disposal cost-savings retrofit;

(l) Such other factors determined by the State Public
Works Board to be relevant and appropriate to the ability of a company to
perform the projects.

Κ In
determining whether a company satisfies the requirements of a qualified service
company, the State Public Works Board shall also consider whether the company
holds the appropriate licenses required for the design, engineering and
construction which would be completed pursuant to a performance contract.

4. The State Public Works Board shall compile a list
of those companies that it determines satisfy the requirements of qualified
service companies.

Sec. 19.3. NRS
333A.140 is hereby amended to read as follows:

333A.140 A qualified service company shall provide to
the [Office of Energy within the Office of the Governor]Renewable Energy and Energy
Efficiency Authority information concerning each performance
contract which the qualified service company enters into pursuant to this
chapter, including, without limitation, the name of the project, the using
agency for which the project is being carried out and the expected operating
cost savings. The [Office of Energy]Renewable Energy and Energy Efficiency Authority may
report any energy savings realized as a result of such performance contracts to
the United States Department of Energy pursuant to 42 U.S.C. § 13385.

Sec. 19.4. Chapter
338 of NRS is hereby amended by adding thereto a new section to read as
follows:

1.The governing body of each local government shall, within 60
days after the effective date of this section, develop a plan to retrofit
public buildings, facilities and structures, including, without limitation,
traffic-control systems, and to otherwise use sources of renewable energy to
serve those buildings, facilities and structures. Such a plan must:

(a)Be
developed with input from one or more energy retrofit coordinators designated
pursuant to NRS 338.1907, if any.

(b)Include
a list of specific projects. The projects must be prioritized and selected on
the basis of the following criteria:

(1)The
length of time necessary to commence the project.

(2)The
number of workers estimated to be employed on the project.

(3)The
effectiveness of the project in reducing energy consumption.

(4)The
estimated cost of the project.

(5)Whether
the project is able to be powered by or otherwise use sources of renewable
energy.

(6)Whether
the project has qualified for participation in one or more of the following
programs:

(I)The
Solar Energy Systems Incentive Program created by NRS 701B.240;

(II)The
Renewable Energy School Pilot Program created by NRS 701B.350;

(III)
The Wind Energy Systems Demonstration Program created by NRS 701B.580; or

(IV)
The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.

(c) Include a
list of potential funding sources for use in implementing the projects,
including, without limitation, money available through the Energy Efficiency
and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and
grants, gifts, donations or other sources of money from public and private
sources.

2. The
governing body of each local government shall transmit the plan developed pursuant
to subsection 1 to the Nevada Energy Commissioner and to any other entity
designated for that purpose by the Legislature.

3. As used in
this section:

(a) Local
government means each city or county that meets the definition of eligible
unit of local government as set forth in 42 U.S.C. § 17151 and each unit of
local government, as defined in subsection 11 of NRS 338.010, that does not
meet the definition of eligible entity as set forth in 42 U.S.C. § 17151.

(b) Renewable
energy means a source of energy that occurs naturally or is regenerated
naturally, including, without limitation:

(1) Biomass;

(2) Fuel
cells;

(3) Geothermal
energy;

(4) Solar
energy;

(5) Waterpower;
and

(6) Wind.

Κ The term does not include coal,
natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(c) Retrofit
means to alter, improve, modify, remodel or renovate a building, facility or
structure to make that building, facility or structure more energy-efficient.

Sec. 19.5. Chapter
396 of NRS is hereby amended by adding thereto the provisions set forth as
sections 19.6 and 19.7 of this act.

Sec. 19.6. To the extent money is available, the Nevada Renewable
Energy Integration and Development Consortium of the Nevada System of Higher
Education or its successor organization shall:

1. Serve as a
resource of information concerning research that is conducted relating to
renewable energy and energy efficiency in this State.

2. Work with
the Nevada Institute for Renewable Energy Commercialization or its successor
organization to establish a mechanism for transferring technology to the
marketplace, including, without limitation, within the limits of available
grant money, establishing support for start-up energy technology businesses and
ensuring the appropriate protection of intellectual property.

3. Provide
information concerning renewable energy and energy efficiency to the Office of
Energy and the Renewable Energy and Energy Efficiency Authority.

Sec. 19.7. To the extent money is available, the Board of Regents shall
establish within the fields of science, engineering, business administration
and political science within the System programs designed to improve the
ability of students in those fields to serve the renewable energy industry in this
State.

Sec.
19.8. Section
19.4 of this act is hereby amended to read as follows:

Sec. 19.4.
Chapter 338 of NRS is hereby amended by adding thereto a new section to read
as follows:

1. The governing body of each
local government shall, within 60 days after the effective date of this
section, develop a plan to retrofit public buildings, facilities and structures,
including, without limitation, traffic-control systems, and to otherwise use
sources of renewable energy to serve those buildings, facilities and
structures. Such a plan must:

(a) Be developed with input
from one or more energy retrofit coordinators designated pursuant to NRS
338.1907, if any.

(b) Include a list of specific
projects. The projects must be prioritized and selected on the basis of the
following criteria:

(1) The length of time
necessary to commence the project.

(2) The number of workers
estimated to be employed on the project.

(3) The effectiveness of
the project in reducing energy consumption.

(4) The estimated cost
of the project.

(5) Whether the project
is able to be powered by or otherwise use sources of renewable energy.

(6) Whether the project
has qualified for participation in one or more of the following programs:

(I) The Solar
Energy Systems Incentive Program created by NRS 701B.240; or

(II) The Renewable
Energy School Pilot Program created by NRS 701B.350 . [;

(III)The
Wind Energy Systems Demonstration Program created by NRS 701B.580; or

(IV)The
Waterpower Energy Systems Demonstration Program created by NRS 701B.820.]

(c) Include a list of
potential funding sources for use in implementing the projects, including,
without limitation, money available through the Energy Efficiency and
Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants,
gifts, donations or other sources of money from public and private sources.

2. The governing body of each
local government shall transmit the plan developed pursuant to subsection 1 to
the Nevada Energy Commissioner and to any other entity designated for that
purpose by the Legislature.

3. As used in this section:

(a) Local government means
each city or county that meets the definition of eligible unit of local
government as set forth in 42 U.S.C. § 17151 and each unit of local
government, as defined in subsection 11 of NRS 338.010, that does not meet the
definition of eligible entity as set forth in 42 U.S.C. § 17151.

(b) Renewable energy means a
source of energy that occurs naturally or is regenerated naturally, including,
without limitation:

Sec. 20. 1. On or
before February 1, 2010, the Public Utilities Commission of Nevada shall adopt
the regulations to carry out:

(a) The provisions of NRS
701B.010 to 701B.290, inclusive, as amended by this act, and sections 1.89, 1.9
and 1.91 of this act;

(b) The provisions of NRS
701B.400 to 701B.650, inclusive, as amended by this act, and sections 1.92 and
1.93 of this act; and

(c) The provisions of NRS
701B.700 to 701B.880, inclusive, as amended by this act, and section 1.95 of
this act.

2. The incentives offered to participants in the Solar
Energy Systems Incentive Program on July 1, 2008, must remain in effect until
the Commission establishes different incentives pursuant to the regulations
adopted pursuant paragraph (a) of subsection 1.

3. Any capacity from previous program years which was
authorized for the Solar Energy Systems Incentive Program pursuant to NRS
701B.260 and any regulations adopted pursuant thereto and which remains
unallocated on July 1, 2009, must be allocated to qualified applicants who were
placed on the prioritized waiting list established pursuant to NRS 701B.260 and
any regulations adopted pursuant thereto before July 1, 2009, and those
applicants must be offered the incentives which were offered to participants in
the Solar Program on July 1, 2008.

4. The incentives offered to participants in the Wind
Energy Systems Demonstration Program on July 1, 2008, must remain in effect
until the Commission establishes different incentives pursuant to the
regulations adopted pursuant to paragraph (b) of subsection 1.

5. The incentives offered to participants in the Waterpower
Energy Systems Demonstration Program on July 1, 2008, must remain in effect
until the Commission establishes different incentives pursuant to the
regulations adopted pursuant to paragraph (c) of subsection 1.

6. Any kilowatts of capacity that have been unused from the
inceptions of the Solar Energy Systems Incentive Program, Wind Energy Systems
Demonstration Program and Waterpower Energy Systems Demonstration Program
pursuant to NRS 701B.260, 701B.620 and 701B.850 until the effective date of
this section may be allocated pursuant to the amendatory provisions of this
act.

Sec. 20.1. On or before February 1, 2013, and on or
before February 1, 2017, the Public Utilities Commission of Nevada shall submit
to the Director of the Legislative Counsel Bureau for transmittal to the next
regular session of the Legislature a report concerning the Solar Energy Systems
Incentive Program created by NRS 701B.240, including, without limitation,
information concerning:

1. For each category of participants in the Solar Program,
the number of solar energy systems installed;

2. The amount of funding provided by utilities for the
installation of distributed generation systems pursuant to paragraph (b) of
subsection 1 of NRS 701B.260;

3. Any other information relating to participation in,
funding of and administration of the Solar Program which the Commission
determines is relevant; and

4. Any recommendations concerning the continuation of the
Solar Program and the levels of funding provided by utilities.

Secs. 20.3 and 20.5. (Deleted by amendment.)

Sec. 20.7. 1. The Director of the Office of Energy
shall apply for and accept any grant, appropriation, allocation or other money
available pursuant to the American Recovery and Reinvestment Act of 2009,
Public Law 111-5, to assist the Director in carrying out his duties and the
duties of the Office of Energy.

2. The Nevada Energy Commissioner shall apply for and
accept any grant, appropriation, allocation or other money available pursuant
to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to
assist the Commissioner in carrying out his duties and the duties of the
Renewable Energy and Energy Efficiency Authority.

Sec. 20.8. For the period beginning July 1, 2009, and
ending June 30, 2010, the Public Utilities Commission of Nevada shall levy and
collect from utilities that provide electricity or natural gas in this State
the annual assessment described in NRS 704.033, as amended by section 11.7 of
this act, that must be:

1. For the use of the Renewable Energy and Energy
Efficiency Authority, 0.21 mills; and

2. For the use of the Office of Energy, 0.07 mills,

Κ unless the
Legislature or the Interim Finance Committee establishes a different amount on
or before June 15, 2009.

Sec. 20.9. Any regulation adopted by the Director of
the Office of Energy before the effective date of this section, the
responsibility for which has been transferred pursuant to the provisions of
this act to the Nevada Energy Commissioner:

1. Remains in force until repealed or replaced by the
Commissioner; and

2. May be enforced by the Commissioner.

Sec. 21. 1. This section and sections 1 to 1.51,
inclusive, 1.55 to 19.7, inclusive, and 19.9 to 20.9, inclusive, of this act
become effective upon passage and approval.

AN ACT relating to
state financial administration; revising the provisions governing the Fund to
Stabilize the Operation of the State Government; and providing other matters
properly relating thereto.

[Approved: May 29, 2009]

Legislative Counsels Digest:

The Fund to Stabilize the Operation of the State
Government, also known as the Rainy Day Fund, is a special revenue fund into
which surplus state revenues are deposited to be used in case of fiscal
emergencies. Under existing law, the State Controller is required to deposit to
the credit of the Fund 40 percent of the unrestricted balance of the State
General Fund, as of the end of the previous fiscal year, that remains after
subtracting an amount equal to 10 percent of all appropriations made from the
State General Fund during that fiscal year for the operation of the State
Government and the funding of schools. (NRS 353.288) Section 2 of this
bill reduces from 10 percent to 7 percent the amount of the appropriations
subtracted in calculating the current transfer to the Fund each biennium that
is set forth in existing law. Commencing with the fiscal year that begins on
July 1, 2011, section 2 also requires the State Controller to transfer
from the State General Fund to the Fund to Stabilize the Operation of the State
Government at the beginning of each fiscal year 1 percent of the total
anticipated revenue projected for that fiscal year by the Economic Forum in May
of odd-numbered years, as adjusted by any legislation enacted by the
Legislature that affects state revenue for that fiscal year. Existing law
requires that all projections of revenue and any other information concerning
future state revenue contained in the proposed budget for the Executive
Department of the State Government be based upon the projections and estimates
prepared by the Economic Forum. (NRS 353.228, 353.230)

Section 2 of this bill also increases the maximum
balance allowed in the Fund to Stabilize the Operation of the State Government
from 15 percent to 20 percent of the total of all appropriations from the State
General Fund for the operation of the State Government and the funding of
schools and authorized expenditures from the State General Fund for the regulation
of gaming for the fiscal year in which that revenue will be transferred to the
Fund to Stabilize the Operation of the State Government.

Finally, section 2 of this bill provides that the
money transferred to the Fund to Stabilize the Operation of the State
Government is a continuing appropriation solely for the purpose of authorizing
the expenditure of the transferred money to offset a budget shortfall or fiscal
emergency in certain specified circumstances and clarifies the responsibility
for determining whether the specified circumstances exist. Section 2
sets forth the procedure for the transfer of money in the Fund to Stabilize the
Operation of the State Government to the State General Fund by the Interim
Finance Committee after a determination or declaration of such a budget
shortfall or fiscal emergency.

Under existing law, the proposed budget for the Executive
Department of the State Government for each fiscal year of a biennium is
required to include a reserve of not less than 5 percent or more than 10
percent of the total of all proposed appropriations from the State General Fund
for the operation of the State Government and authorized expenditures from the
State General Fund for the regulation of gaming for that fiscal year. (NRS
353.213) Section 1 of this bill requires an additional reservation in
the proposed biennial budget of an amount equal to 1 percent of the total
anticipated revenue projected for each fiscal year of the biennium by the
Economic Forum in December of even-numbered years, as adjusted by any changes
or adjustments to state revenue recommended in the proposed budget for that
biennium. This reserved money, as further adjusted by the Economic Forum in May
of odd-numbered years and by any applicable legislation, is the money that will
be transferred by the State Controller from the State General Fund to the Fund
to Stabilize the Operation of the State Government at the beginning of each
fiscal year of the biennium pursuant to section 2 of this bill. The
proposed budget for the period that begins on July 1, 2011, and ends on June
30, 2013, is the first biennial budget for which such a reservation is
required.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
353.213 is hereby amended to read as follows:

353.213 1. In preparing the proposed budget for the
Executive Department of the State Government for each biennium, the Chief shall
not exceed the limit upon total proposed expenditures for purposes other than
construction and reducing any unfunded accrued liability of the State Retirees
Health and Welfare Benefits Fund created by NRS 287.0436 from the State General
Fund calculated pursuant to this section. The base for each biennium is the
total expenditure, for the purposes limited, from the State General Fund
appropriated and authorized by the Legislature for the biennium beginning on
July 1, 1975.

2. The limit for each biennium is calculated as
follows:

(a) The amount of expenditure constituting the base is
multiplied by the percentage of change in population for the current biennium
from the population on July 1, 1974, and this product is added to or subtracted
from the amount of expenditure constituting the base.

(b) The amount calculated pursuant to paragraph (a) is
multiplied by the percentage of inflation or deflation, and this product is
added to or subtracted from the amount calculated pursuant to paragraph (a).

(c) Subject to the limitations of this paragraph:

(1) If the amount resulting from the calculations
pursuant to paragraphs (a) and (b) represents a net increase over the base
biennium, the Chief may increase the proposed expenditure accordingly.

(2) If the amount represents a net decrease, the
Chief shall decrease the proposed expenditure accordingly.

(3) If the amount is the same as in the base
biennium, that amount is the limit of permissible proposed expenditure.

[Κ]

3. The
proposed budget for each fiscal year of the biennium must provide for a reserve
of [not]:

(a) Not less
than 5 percent [nor]or more than 10 percent of the total of all
proposed appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State
Government and authorized expenditures from the State General Fund for the
regulation of gaming for that fiscal year [.

all departments, institutions and agencies of the State
Government and authorized expenditures from the State General Fund for the
regulation of gaming for that fiscal year[.

3.]; and

(b) Commencing with the proposed budget for the period that
begins on July 1, 2011, and ends on June 30, 2013, 1 percent of the total anticipated revenue
for each of the two fiscal years of the biennium for which the budget is
proposed, as projected by the Economic Forum for each of those fiscal years
pursuant to paragraph (d) of subsection 1 of NRS 353.228 and as adjusted by any
changes or adjustments to state revenue that are recommended in the proposed
budget for those fiscal years.

4. The
revised estimate of population for the State issued by the United States
Department of Commerce as of July 1, 1974, must be used, and the Governor shall
certify the percentage of increase or decrease in population for each
succeeding biennium. The Consumer Price Index published by the United States
Department of Labor for July preceding each biennium must be used in
determining the percentage of inflation or deflation.

[4.] 5. The Chief may exceed the limit to the
extent necessary to meet situations in which there is a threat to life or
property.

[5.] 6. As used in this section, unfunded
accrued liability means a liability with an actuarially determined value which
exceeds the value of the assets in the fund from which payments are made to
discharge the liability.

Sec. 2. NRS
353.288 is hereby amended to read as follows:

353.288 1. The Fund to Stabilize the Operation of the
State Government is hereby created as a special revenue fund. Except as
otherwise provided in subsections [2]3 and [3,]4, each year after the
close of the previous fiscal
year and before the issuance of the State Controllers annual report, the State
Controller shall [deposit to the credit of]transfer from the State General Fund to the
Fund [40]to Stabilize the Operation of the State Government:

(a) Forty percent
of the unrestricted balance of the State General Fund, as of the close of the previous fiscal year,
which remains after subtracting an amount equal to [10]7 percent of all
appropriations made from the State General Fund during that previous fiscal year for
the operation of all departments, institutions and agencies of State Government
and for the funding of schools[.] ; and

(b) Commencing with the fiscal year that begins on July 1, 2011,
1 percent of the
total anticipated revenue for the fiscal year in which the transfer will be made, as projected by the Economic Forum for that
fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as
adjusted by any legislation enacted by the Legislature that affects state
revenue for that fiscal year.

2. Money
transferred pursuant to subsection 1 to the Fund to Stabilize the Operation of
the State Government is a continuing appropriation solely for the purpose of
authorizing the expenditure of the transferred money for the purposes set forth
in this section.

3. The
balance in the Fund[,]to Stabilize the Operation of the
State Government, excluding the aggregate balance in the Disaster
Relief Account and the Emergency Assistance Subaccount, must not exceed [15]20 percent of the
total of all appropriations from the State General Fund for the operation of
all departments, institutions and agencies of the State Government and for the
funding of schools and authorized expenditures from the
State General Fund for the regulation of gaming for the fiscal year in which
that revenue will be [deposited in] transferred to the Fund [.

the State General Fund for the regulation of gaming for the
fiscal year in which that revenue will be [deposited in]transferred to the
Fund[.

3.]to Stabilize the Operation of the
State Government.

4. Except
as otherwise provided in this subsection and NRS 353.2735, beginning with the
fiscal year that begins on July 1, 2003, the State Controller shall, at the end
of each quarter of a fiscal year, transfer from the State General Fund to the
Disaster Relief Account created pursuant to NRS 353.2735 an amount equal to not
more than 10 percent of the aggregate balance in the Fund to Stabilize the
Operation of the State Government during the previous quarter, excluding the
aggregate balance in the Disaster Relief Account and the Emergency Assistance
Subaccount created pursuant to NRS 414.135. The State Controller shall not
transfer more than $500,000 for any quarter pursuant to this subsection.

[4. Money]

5. The
Chief of the Budget Division of the Department of Administration may submit a
request to the State Board of Examiners to transfer money from
the Fund to Stabilize the Operation of the State Government [may
be appropriated only:] to the State General Fund:

(a) If the total actual revenue of the State falls
short by 5 percent or more of the total anticipated revenue for the biennium in
which the [appropriation is]transfer will be made[;], as determined by the Legislature, or
the Interim Finance Committee if the Legislature is not in session; or

(b) If the Legislature , or the Interim Finance Committee if the Legislature is not
in session, and the Governor declare that a fiscal emergency
exists.

6. The
State Board of Examiners shall consider a request made pursuant to subsection 5
and shall, if it finds that a transfer should be made, recommend the amount of
the transfer to the Interim Finance Committee for its independent evaluation
and action. The Interim Finance Committee is not bound to follow the
recommendation of the State Board of Examiners.

7. If the
Interim Finance Committee finds that a transfer recommended by the State Board
of Examiners should and may lawfully be made, the Committee shall by resolution
establish the amount and direct the State Controller to transfer that amount to
the State General Fund. The State Controller shall thereupon make the transfer.

Sec. 2.5. NRS
218.6827 is hereby amended to read as follows:

218.6827 1. Except as otherwise provided in
subsection 2, the Interim Finance Committee may exercise the powers conferred
upon it by law only when the Legislature is not in regular or special session.

2. During a regular or special session, the Interim
Finance Committee may also perform the duties imposed on it by subsection 5 of
NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS
323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.090,
NRS 341.142, subsection 6 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to
353.2771, inclusive, 353.288 and
353.335, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620,
439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing
Committee on Finance and the Assembly Standing Committee on Ways and Means may
meet separately and transmit the results of their respective votes to the
Chairman of the Interim Finance Committee to determine the action of the
Interim Finance Committee as a whole.

3. The Chairman of the Interim Finance Committee may
appoint a subcommittee consisting of six members of the Committee to review and
make recommendations to the Committee on matters of the State Public Works
Board that require prior approval of the Interim Finance Committee pursuant to
subsection 3 of NRS 341.090, NRS 341.142 and subsection 6 of NRS 341.145. If
the Chairman appoints such a subcommittee:

(a) The Chairman shall designate one of the members of
the subcommittee to serve as the chairman of the subcommittee;

(b) The subcommittee shall meet throughout the year at
the times and places specified by the call of the chairman of the subcommittee;
and

(c) The Director of the Legislative Counsel Bureau or
his designee shall act as the nonvoting recording secretary of the subcommittee.

Sec. 3. 1. The Governor shall provide initially for
the reserve required pursuant to paragraph (b) of subsection 3 of NRS 353.213,
as amended by section 1 of this act, in the proposed biennial budget for the
period that begins on July 1, 2011, and ends on June 30, 2013.

2. The fiscal year that begins on July 1, 2011, is the
initial fiscal year in which a transfer of money must be made from the State
General Fund to the Fund to Stabilize the Operation of the State Government
pursuant to paragraph (b) of subsection 1 of NRS 353.288, as amended by section
2 of this act.

Sec. 4. This act becomes effective on July 1, 2009.

________

CHAPTER 323, AB 266

Assembly Bill No. 266Assemblyman Oceguera

CHAPTER 323

AN ACT relating to
lighters; prohibiting the sale of novelty lighters; and providing other matters
properly relating thereto.

[Approved: May 29, 2009]

Legislative Counsels Digest:

This bill prohibits the sale or distribution as a
promotion of novelty lighters. This bill also provides a comprehensive
definition of a novelty lighter. This bill becomes effective on January 1,
2010.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
597 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as
otherwise provided in subsection 2, a person may not sell at retail, offer for
retail sale or distribute for retail sale or promotion in this State a novelty
lighter.

2. This
section does not apply to the transportation of novelty lighters through this
State or the storage of novelty lighters in a warehouse or distribution center
in this State that is closed to the public for purposes of retail sales.

3. The
Attorney General or any district attorney, on the request of the State Fire
Marshal or on his own motion, may bring an action in any court of competent
jurisdiction in the name of the State of Nevada to enjoin a violation of this
section.

4. A person
who violates this section is guilty of a misdemeanor and shall be punished by a
fine of not more than $500. No sentence of incarceration may be imposed.

5. As used in
this section, novelty lighter:

(a) Means a
mechanical or electrical device which is typically used for lighting
cigarettes, cigars or pipes that may operate on any fuel, including, without
limitation, butane, isobutene or liquid fuel, and which:

(1) Is
designed to resemble and reasonably does resemble a cartoon character, toy,
gun, watch, musical instrument, vehicle, animal, food, beverage or other
similar article that does not resemble a standard disposable lighter; or

(2) Plays
musical notes, has flashing lights or has more than one button or function; and

(b) Does not
include:

(1) A
lighter manufactured before January 1, 1980;

(2) A
lighter incapable of being fueled or lacking a device necessary to produce
combustion or a flame;

(3) Any
mechanical or electrical device primarily used to ignite fuel for fireplaces or
for charcoal or gas grills; or

(4) Standard
disposable lighters that are printed or decorated, including, without
limitation, through the use of a heat shrinkable sleeve, with logos, labels,
decals or artwork.

Sec. 2. This act becomes effective on January 1,
2010.

________

κ2009
Statutes of Nevada, Page 1417κ

CHAPTER 324, AB 10

Assembly Bill No. 10Committee on Health and Human Services

CHAPTER 324

AN ACT relating to
health care; prohibiting certain retaliation or discrimination against
registered nurses, licensed practical nurses and nursing assistants who report
certain information, refuse to engage in certain conduct or participate in
certain investigations or proceedings relating to the safety of patients;
providing civil remedies and civil penalties for violations; prohibiting the
licensing boards of physicians from taking adverse action against a physician
who discloses or cooperates in the investigation of a violation of any law,
rule or regulation by an applicant or licensee; and providing other matters
properly relating thereto.

[Approved: May 29, 2009]

Legislative Counsels Digest:

Existing law prohibits a medical facility, physician or
osteopathic physician from retaliating or discriminating against an employee
who reports in good faith information concerning the conduct of a physician or
osteopathic physician to the Board of Medical Examiners or the State Board of
Osteopathic Medicine, reports in good faith a sentinel event to the Health
Division of the Department of Health and Human Services or cooperates or
participates in good faith in an investigation or proceeding conducted by the
Board of Medical Examiners, the State Board of Osteopathic Medicine or another
governmental entity concerning the conduct or sentinel event. Existing law also
prohibits such retaliation or discrimination against a registered nurse,
licensed practical nurse or nursing assistant who refuses to provide nursing
services that he does not have the knowledge, skill or experience to provide.
(NRS 449.205, 630.293, 633.505)

Sections 1, 3 and 5 of this bill provide
additional protection against retaliation or discrimination for a registered
nurse, licensed practical nurse or nursing assistant who: (1) reports in good
faith certain information or concerns regarding the safety of patients; or (2)
refuses to engage in conduct which would violate his duty to protect patients
from actual or potential harm or which would subject him to disciplinary action
by the State Board of Nursing. Sections 1, 3 and 5 also add a definition
of good faith.

Existing law provides that an employee of a medical
facility, physician or osteopathic physician or a registered nurse, licensed
practical nurse or nursing assistant who is employed by or contracts to provide
nursing services for the medical facility, physician or osteopathic physician
may file an action in court based on retaliation or discrimination. (NRS
449.207, 630.296, 633.507) Sections 2, 4 and 6 of this bill expand these
provisions by authorizing the court in such an action to award compensatory
damages, reimbursement of lost wages and benefits, attorneys fees and punitive
damages and to grant any equitable relief it considers appropriate. Sections
2, 4 and 6 also provide that the Attorney General or any district attorney
of this State may bring a civil action in the name of the State of Nevada to recover a civil penalty of not more than $10,000 for each such act of retaliation
or discrimination.

Existing law provides
immunity from civil liability to physicians, homeopathic physicians and
osteopathic physicians for providing certain information concerning an
applicant for a license or a licensee in good faith to their licensing boards
and others for the decisions or actions taken by them in good faith in response
to information received by the board. (NRS 630.364, 630A.540, 633.691) Sections
4.3, 4.7 and 7 of this
bill further prohibit the licensing board of a physician, homeopathic physician
or osteopathic physician from taking any adverse action against a physician,
homeopathic physician or osteopathic physician for disclosing a violation of
any law, rule or regulation to a governmental entity or for cooperating with a
governmental entity that is conducting an investigation, hearing or inquiry
into such a violation.

this bill further prohibit
the licensing board of a physician, homeopathic physician or osteopathic
physician from taking any adverse action against a physician, homeopathic
physician or osteopathic physician for disclosing a violation of any law, rule
or regulation to a governmental entity or for cooperating with a governmental
entity that is conducting an investigation, hearing or inquiry into such a
violation.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 449.205 is hereby amended to read as follows:

449.205 1. A medical facility or any agent or
employee thereof shall not retaliate or discriminate unfairly against:

(a) An employee of the medical facility or a person
acting on behalf of the employee who in good faith:

(1) Reports to the Board of Medical Examiners or
the State Board of Osteopathic Medicine, as applicable, information relating to
the conduct of a physician which may constitute grounds for initiating
disciplinary action against the physician or which otherwise raises a
reasonable question regarding the competence of the physician to practice
medicine with reasonable skill and safety to patients;

(2) Reports a sentinel event to the Health
Division pursuant to NRS 439.835; or

(3) Cooperates or otherwise participates in an
investigation or proceeding conducted by the Board of Medical Examiners, the
State Board of Osteopathic Medicine or another governmental entity relating to
conduct described in subparagraph (1) or (2)[.] ; or

(b) A registered nurse, licensed practical nurse or
nursing assistant who is employed by or contracts to provide nursing services
for the medical facility and who[,
in]:

(1) In
accordance with the policy, if any, established by the medical
facility:

[(1)](I) Reports to his immediate supervisor, in
writing, that he does not possess the knowledge, skill or experience to comply
with an assignment to provide nursing services to a patient; and

[(2)](II) Refuses to provide to a patient nursing
services for which, as verified by documentation in the personnel file of the
registered nurse, licensed practical nurse or nursing assistant concerning his
competence to provide various nursing services, he does not possess the
knowledge, skill or experience to comply with the assignment to provide nursing
services to the patient, unless [such]the refusal constitutes unprofessional conduct
as set forth in chapter 632 of NRS or any regulations adopted pursuant thereto[.] ;

(2) In good faith, reports to the medical facility, the Board of Medical Examiners, the
State Board of Osteopathic Medicine, the State Board of Nursing, the
Legislature or any committee thereof or any other governmental entity:

(I)
Any information concerning the willful conduct of another registered nurse,
licensed practical nurse or nursing assistant which violates any provision of
chapter 632 of NRS or which is required to be reported to the State Board of
Nursing;

(II)
Any concerns regarding patients who may be exposed to a substantial risk of
harm as a result of the failure of the medical facility or any agent or
employee thereof to comply with minimum professional or accreditation standards
or applicable statutory or regulatory requirements; or

(III)
Any other concerns regarding the medical facility, the agents and employees
thereof or any situation that reasonably could result in harm to patients; or

(3) Refuses
to engage in conduct that would violate the duty of the registered nurse,
licensed practical nurse or nursing assistant to protect patients from actual
or potential harm, including, without limitation, conduct which would violate
any provision of chapter 632 of NRS or which would subject the registered
nurse, licensed practical nurse or nursing assistant to disciplinary action by
the State Board of Nursing.

2. A medical facility or any agent or employee thereof
shall not retaliate or discriminate unfairly against an employee of the medical
facility or a registered nurse, licensed practical nurse or nursing assistant
who is employed by or contracts to provide nursing services for the medical
facility because the employee, registered nurse, licensed practical nurse or
nursing assistant has taken an action described in subsection 1.

3. A medical facility or any agent or employee thereof
shall not prohibit, restrict or attempt to prohibit or restrict by contract,
policy, procedure or any other manner the right of an employee of the medical
facility or a registered nurse, licensed practical nurse or nursing assistant
who is employed by or contracts to provide nursing services for the medical
facility to take an action described in subsection 1.

4. As used in this section:

(a) Good
faith means honesty in fact in the reporting of the information or in the
cooperation in the investigation concerned.

(1) Includes, without limitation, any of the following [action
if such action is]actions if taken solely because the employee ,[or the]
registered nurse, licensed practical nurse or nursing assistant took an action
described in subsection 1:

(I) Frequent or undesirable changes in the
location where the [employee]person works;

(II) Frequent or undesirable transfers or
reassignments;

(III) The issuance of letters of reprimand,
letters of admonition or evaluations of poor performance;

(2) Does not include an action described in sub-subparagraphs (I)
to (X), inclusive, of subparagraph (1) if the action is taken in the normal
course of employment or as a form of discipline.

Sec. 2. NRS
449.207 is hereby amended to read as follows:

449.207 1.
An employee of a medical facility or a registered nurse,
licensed practical nurse or nursing assistant who is employed by or contracts
to provide nursing services for the medical facility and who believes that he has been retaliated
or discriminated against in violation of NRS 449.205 may file an action in a
court of competent jurisdiction .[for such relief as may be appropriate under the law.]

2. If a
court determines that a violation of NRS 449.205 has occurred, the court may
award such damages as it determines to have resulted from the violation,
including, without limitation:

(a) Compensatory
damages;

(b) Reimbursement
of any wages, salary, employment benefits or other compensation denied to or
lost by the employee, registered nurse, licensed practical nurse or nursing
assistant as a result of the violation;

(c) Attorneys
fees and costs, including, without limitation, fees for expert witnesses; and

(d) Punitive
damages, if the facts warrant.

3. The
court shall award interest on the amount of damages at a rate determined
pursuant to NRS 17.130.

4. The
court may grant any equitable relief it considers appropriate, including,
without limitation, reinstatement of the employee, registered nurse, licensed
practical nurse or nursing assistant and any temporary, preliminary or
permanent injunctive relief.

5. If any
action to retaliate or discriminate is taken against an employee, registered
nurse, licensed practical nurse or nursing assistant within 60 days after the
employee, registered nurse, licensed practical nurse or nursing assistant takes
any action described in subsection 1 of NRS 449.205, there is a rebuttable presumption
that the action taken against the employee, registered nurse, licensed
practical nurse or nursing assistant constitutes retaliation or discrimination
in violation of NRS 449.205.

6. A
medical facility or any agent or employee thereof that violates the provisions
of NRS 449.205 is subject to a civil penalty of not more than $10,000 for each
violation. The Attorney General or any district attorney of this State may
recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

7. Any
action under this section must be brought not later than 2 years after the date
of the last event constituting the alleged violation for which the action is
brought.

8.As used in this section,
retaliate or discriminate has the meaning ascribed to it in NRS 449.205.

Sec. 3. NRS
630.293 is hereby amended to read as follows:

630.293 1. A physician or any agent or employee
thereof shall not retaliate or discriminate unfairly against [an]:

(a) An employee
of the physician or a person acting on behalf of the employee who in good
faith:

[(a)] (1) Reports to the Board of Medical Examiners information relating to
the conduct of the physician which may constitute grounds for initiating
disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician
to practice medicine with reasonable skill and safety to patients;

a reasonable question regarding the competence of the
physician to practice medicine with reasonable skill and safety to patients;

[(b)] or

(2)
Reports a sentinel event to the Health Division of the Department of Health and Human Services pursuant
to NRS 439.835;

(b) A
registered nurse, licensed practical nurse or nursing assistant who is employed
by or contracts to provide nursing services for the physician and who:

(1) In good faith, reports to the physician, the Board of Medical Examiners, the State
Board of Nursing, the Legislature or any committee thereof or any other
governmental entity:

(I)
Any information concerning the willful conduct of another registered nurse,
licensed practical nurse or nursing assistant which violates any provision of
chapter 632 of NRS or which is required to be reported to the State Board of
Nursing;

(II)
Any concerns regarding patients who may be exposed to a substantial risk of
harm as a result of the failure of the physician or any agent or employee
thereof to comply with minimum professional or accreditation standards or
applicable statutory or regulatory requirements; or

(III)
Any other concerns regarding the physician, the agents and employees thereof or
any situation that reasonably could result in harm to patients; or

(2) Refuses
to engage in conduct that would violate the duty of the registered nurse,
licensed practical nurse or nursing assistant to protect patients from actual
or potential harm, including, without limitation, conduct which would violate
any provision of chapter 632 of NRS or which would subject the registered
nurse, licensed practical nurse or nursing assistant to disciplinary action by
the State Board of Nursing; or

(c) [Cooperates] An employee of the physician, a person acting on behalf of
the employee or a registered nurse, licensed practical nurse or nursing
assistant who is employed by or contracts to provide nursing services for the
physician and who cooperates or otherwise participates in an
investigation or proceeding conducted by the Board of Medical Examiners or another governmental
entity relating to conduct described in paragraph (a) or (b).

2. A physician or any agent or employee thereof shall
not retaliate or discriminate unfairly against an employee of the physician or a registered nurse, licensed
practical nurse or nursing assistant who is employed by or contracts to provide
nursing services for the physician because the employee , registered nurse, licensed practical
nurse or nursing assistant has taken an action described in
subsection 1.

3. A physician or any agent or employee thereof shall
not prohibit, restrict or attempt to prohibit or restrict by contract, policy,
procedure or any other manner the right of an employee of the physician or a registered nurse, licensed
practical nurse or nursing assistant who is employed by or contracts to provide
nursing services for the physician to take an action described in
subsection 1.

4. As used in this section, retaliate or
discriminate:

(a) Good
faith means honesty in fact in the reporting of the information or in the
cooperation of the investigation concerned.

(1) Includes,
without limitation, any of the
following [action if such action is]actions if taken solely
because the employee , registered
nurse, licensed practical nurse or nursing assistant took an
action described in subsection 1:

[(1)](I) Frequent or undesirable changes in the
location where the [employee]person works;

[(2)](II) Frequent or undesirable transfers or
reassignments;

[(3)](III) The issuance of letters of reprimand,
letters of admonition or evaluations of poor performance;

[(4)](IV) A demotion;

[(5)](V) A reduction in pay;

[(6)](VI) The denial of a promotion;

[(7)](VII) A suspension;

[(8)](VIII) A dismissal;

[(9)](IX) A transfer; or

[(10)](X) Frequent changes in working hours or
workdays.

[(b)](2) Does not include an action described in [subparagraphs (1) to
(10),]sub-subparagraphs
(I) to (X), inclusive, of [paragraph (a)]subparagraph (1) if
the action is taken in the normal course of employment or as a form of
discipline.

Sec. 4. NRS
630.296 is hereby amended to read as follows:

630.296 1.
An employee of a physician or a registered nurse, licensed practical nurse or nursing
assistant who is employed by or contracts to provide nursing services for the
physician and who believes that he has been retaliated or
discriminated against in violation of NRS 630.293 may file an action in a court
of competent jurisdiction .[for such relief as may be appropriate.]

2. If a
court determines that a violation of NRS 630.293 has occurred, the court may
award such damages as it determines to have resulted from the violation,
including, without limitation:

(a) Compensatory
damages;

(b) Reimbursement
of any wages, salary, employment benefits or other compensation denied to or
lost by the employee, registered nurse, licensed practical nurse or nursing
assistant as a result of the violation;

(c) Attorneys
fees and costs, including, without limitation, fees for expert witnesses; and

(d) Punitive
damages, if the facts warrant.

3. The
court shall award interest on the amount of damages at a rate determined
pursuant to NRS 17.130.

4. The
court may grant any equitable relief it considers appropriate, including,
without limitation, reinstatement of the employee, registered nurse, licensed
practical nurse or nursing assistant and any temporary, preliminary or
permanent injunctive relief.

5. If any
action to retaliate or discriminate is taken against an employee, registered
nurse, licensed practical nurse or nursing assistant within 60 days after the
employee, registered nurse, licensed practical nurse or nursing assistant takes
any action described in subsection 1 of NRS 630.293, there is a rebuttable
presumption that the action taken against the employee, registered nurse,
licensed practical nurse or nursing assistant constitutes retaliation or
discrimination in violation of NRS 630.293.

6. A
physician or any agent or employee thereof that violates the provisions of NRS
630.293 is subject to a civil penalty of not more than $10,000 for each
violation. The Attorney General or any district attorney of this State may
recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

7. Any
action under this section must be brought not later than 2 years after the date
of the last event constituting the alleged violation for which the action is
brought.

8.As used in this section,
retaliate or discriminate has the meaning ascribed to it in NRS 630.293.

Sec. 4.3. NRS
630.364 is hereby amended to read as follows:

630.364 1. Any person or organization who furnishes
information concerning an applicant for a license or a licensee in good faith [and
without malicious intent] in accordance with the
provisions of this chapter is immune from any civil action for furnishing that
information.

2. The Board and any of its members and its staff,
counsel, investigators, experts, peer reviewers, committees, panels, hearing
officers, consultants and the employees or volunteers of a diversion program
are immune from any civil liability for:

(a) Any decision or action taken in good faith [and
without malicious intent] in response to information
acquired by the Board.

(b) Disseminating information concerning an applicant
for a license or a licensee to other boards or agencies of the State, the
Attorney General, any hospitals, medical societies, insurers, employers,
patients and their families or any law enforcement agency.

3. The
Board shall not commence an investigation, impose any disciplinary action or
take any other adverse action against a physician for:

(a) Disclosing
to a governmental entity a violation of any law, rule or regulation by an
applicant for a license to practice medicine or by a physician; or

(b) Cooperating
with a governmental entity that is conducting an investigation, hearing or
inquiry into such a violation, including, without limitation, providing
testimony concerning the violation.

4. As
used in this section[,
diversion]:

(a) Diversion
program means a program approved by the Board to correct a
licensees alcohol or drug dependence or any other impairment.

(b) Governmental
entity includes, without limitation:

(1) A
federal, state or local officer, employee, agency, department, division,
bureau, board, commission, council, authority or other subdivision or entity of
a public employer;

(2) A
federal, state or local employee, committee, member or commission of the
Legislative Branch of Government;

(3) A
federal, state or local representative, member or employee of a legislative
body or a county, town, village or any other political subdivision or civil
division of the State;

(4) A
federal, state or local law enforcement agency or prosecutorial office, or any
member or employee thereof, or police or peace officer; and

(5) A
federal, state or local judiciary, or any member or employee thereof, or grand
or petit jury.

630A.540 1.
In addition to any other immunity provided by the provisions of
chapter 622A of NRS:

[1.](a) Any person who furnishes information to
the Board, in good faith [and without malicious intent] in
accordance with the provisions of this chapter, concerning a person who is
licensed or certified or applies for a license or certificate under this
chapter is immune from civil liability for furnishing that information.

[2.](b) The Board and its members, staff, counsel,
investigators, experts, committees, panels, hearing officers and consultants
are immune from civil liability for any decision or action taken in good faith [and
without malicious intent] in response to information
received by the Board.

[3.](c) The Board and any of its members are
immune from civil liability for disseminating information concerning a person
who is licensed or certified or applies for a license or certificate under this
chapter to the Attorney General or any board or agency of the State, hospital,
medical society, insurer, employer, patient or his family or law enforcement
agency.

2. The
Board shall not commence an investigation, impose any disciplinary action or
take any other adverse action against a homeopathic physician for:

(a) Disclosing
to a governmental entity a violation of any law, rule or regulation by an
applicant for a license to practice homeopathic medicine or by a homeopathic
physician; or

(b) Cooperating
with a governmental entity that is conducting an investigation, hearing or
inquiry into such a violation, including, without limitation, providing
testimony concerning the violation.

3. As
used in this section, governmental entity includes, without limitation:

(a) A
federal, state or local officer, employee, agency, department, division,
bureau, board, commission, council, authority or other subdivision or entity of
a public employer;

(b) A
federal, state or local employee, committee, member or commission of the
Legislative Branch of Government;

(c) A
federal, state or local representative, member or employee of a legislative
body or a county, town, village or any other political subdivision or civil
division of the State;

(d) A federal,
state or local law enforcement agency or prosecutorial office, or any member or
employee thereof, or police or peace officer; and

(e) A federal, state or local judiciary, or any member
or employee thereof, or grand or petit jury.

Sec. 5. NRS
633.505 is hereby amended to read as follows:

633.505 1. An osteopathic physician or any agent or
employee thereof shall not retaliate or discriminate unfairly against [an] :

(a) An
employee of the osteopathic physician or a person acting on behalf of the
employee who in good faith:

[(a)] (1) Reports to the State Board of Osteopathic Medicine information relating
to the conduct of the osteopathic physician which may constitute grounds for
initiating disciplinary action against the osteopathic physician or which
otherwise raises a reasonable question regarding the competence of the
osteopathic physician to practice medicine with reasonable skill and safety to
patients;

(2)
Reports a sentinel event to the Health Division of the Department of Health and Human Services pursuant
to NRS 439.835;

(b) A
registered nurse, licensed practical nurse or nursing assistant who is employed
by or contracts to provide nursing services for the osteopathic physician and
who:

(1) In good faith, reports to the osteopathic physician, the State Board of Osteopathic
Medicine, the State Board of Nursing, the Legislature or any committee thereof
or any other governmental entity:

(I)
Any information concerning the willful conduct of another registered nurse, licensed
practical nurse or nursing assistant which violates any provision of chapter
632 of NRS or which is required to be reported to the State Board of Nursing;

(II)
Any concerns regarding patients who may be exposed to a substantial risk of
harm as a result of the failure of the osteopathic physician or any agent or
employee thereof to comply with minimum professional or accreditation standards
or applicable statutory or regulatory requirements; or

(III)
Any other concerns regarding the osteopathic physician, the agents and
employees thereof or any situation that reasonably could result in harm to
patients; or

(2) Refuses
to engage in conduct that would violate the duty of the registered nurse,
licensed practical nurse or nursing assistant to protect patients from actual
or potential harm, including, without limitation, conduct which would violate
any provision of chapter 632 of NRS or which would subject the registered
nurse, licensed practical nurse or nursing assistant to disciplinary action by the
State Board of Nursing; or

(c) [Cooperates] An employee of the osteopathic physician, a person acting
on behalf of the employee or a registered nurse, licensed practical nurse or
nursing assistant who is employed by or contracts to provide nursing services
for the osteopathic physician and who cooperates or otherwise
participates in an investigation or proceeding conducted by the State Board of Osteopathic Medicine
or another governmental entity relating to conduct described in paragraph (a)
or (b).

2. An osteopathic physician or any agent or employee
thereof shall not retaliate or discriminate unfairly against an employee of the
osteopathic physician or a
registered nurse, licensed practical nurse or nursing assistant who is employed
by or contracts to provide nursing services for the osteopathic physician
because the employee , registered
nurse, licensed practical nurse or nursing assistant has taken an
action described in subsection 1.

3. An osteopathic physician or any agent or employee
thereof shall not prohibit, restrict or attempt to prohibit or restrict by
contract, policy, procedure or any other manner the right of an employee of the
osteopathic physician or a
registered nurse, licensed practical nurse or nursing assistant who is employed
by or contracts to provide nursing services for the osteopathic physician
to take an action described in subsection 1.

4. As used in this section, retaliate or
discriminate:

(a) Good
faith means honesty in fact in the reporting of the information or in the
cooperation in the investigation concerned.

(1) Includes,
without limitation, any of the
following [action if such action is]actions if taken solely
because the employee , registered
nurse, licensed practical nurse or nursing assistant took an
action described in subsection 1:

[(1)](I) Frequent or undesirable changes in the location
where the [employee]person works;

[(2)](II) Frequent or undesirable transfers or
reassignments;

[(3)](III) The issuance of letters of reprimand,
letters of admonition or evaluations of poor performance;

[(4)](IV) A demotion;

[(5)](V) A reduction in pay;

[(6)](VI) The denial of a promotion;

[(7)](VII) A suspension;

[(8)](VIII) A dismissal;

[(9)](IX) A transfer; or

[(10)](X) Frequent changes in working hours or
workdays.

[(b)](2) Does not include an action described in [subparagraphs (1) to
(10),]sub-subparagraphs
(I) to (X), inclusive, of [paragraph (a)]subparagraph (1) if
the action is taken in the normal course of employment or as a form of
discipline.

Sec. 6. NRS
633.507 is hereby amended to read as follows:

633.507 1.
An employee of an osteopathic physician or a registered nurse, licensed practical nurse or nursing
assistant who is employed by or contracts to provide nursing services for the
osteopathic physicianand who believes that he has been retaliated or discriminated
against in violation of NRS 633.505 may file an action in a court of competent
jurisdiction .[for
such relief as may be appropriate under the law.]

2. If a
court determines that a violation of NRS 633.505 has occurred, the court may
award such damages as it determines to have resulted from the violation,
including, without limitation:

(a) Compensatory
damages;

(b) Reimbursement
of any wages, salary, employment benefits or other compensation denied to or
lost by the employee, registered nurse, licensed practical nurse or nursing
assistant as a result of the violation;

(c) Attorneys
fees and costs, including, without limitation, fees for expert witnesses; and

(d) Punitive
damages, if the facts warrant.

3. The
court shall award interest on the amount of damages at a rate determined
pursuant to NRS 17.130.

4. The
court may grant any equitable relief it considers appropriate, including,
without limitation, reinstatement of the employee, registered nurse, licensed
practical nurse or nursing assistant and any temporary, preliminary or
permanent injunctive relief.

5. If any
action to retaliate or discriminate is taken against an employee, registered
nurse, licensed practical nurse or nursing assistant within 60 days after the
employee, registered nurse, licensed practical nurse or nursing assistant takes
any action described in subsection 1 of NRS 633.505, there is a rebuttable
presumption that the action taken against the employee, registered nurse,
licensed practical nurse or nursing assistant constitutes retaliation or
discrimination in violation of NRS 633.505.